First, for an impressive descriptive study
of judicial disqualification appeals from 1980 to 2007, see Sande L. Buhai, Federal Judicial Disqualification: A Behavioral and Quantitative Analysis, 90 Or.
This committee is also focused on promoting diversity on the bench, and continued work and promotion
of the Judicial Disqualification Project.
Not exact matches
The «reasonable apprehension
of bias» test for
judicial disqualification has been a fixture
of Canadian law for many years, at a minimum since its formulation in... [more]
First, note that if you do contribute to a
judicial campaign, you run the risk
of prompting opposing counsel to file a
disqualification motion if you have a case assigned to that judge.
The legal test is thus one
of reasonable apprehension which is the sole standard for
judicial disqualification in Canadian law.
These include: the chief judge's obligation to «identify» a complaint based on public reports suggesting that a judge may have engaged in misconduct;
judicial council authority to impose sanctions on complainants who abuse the process;
disqualification of judges from proceedings under the 1980 Act; and making the Rules more user - friendly.
The dignity
of the court, the judge's respect for fulfillment
of judicial duties, and a proper concern for the burdens that may be imposed upon the judge's colleagues require that a judge not use
disqualification to avoid cases that present difficult, controversial, or unpopular issues.
(C) A judge shall not engage in financial activities permitted under paragraphs (A) and (B) if they will: (1) interfere with the proper performance
of judicial duties; (2) lead to frequent
disqualification of the judge; (3) involve the judge in frequent transactions or continuing business relationships with lawyers or other persons likely to come before the court on which the judge serves; or (4) result in violation
of other provisions
of this Code.
Disqualification was necessary to prevent future harm and to protect the integrity
of the
judicial system.
Judicial disqualification is warranted if the judge is actually biased or prejudiced or if the judge, based on objective and reasonable perceptions, has either a serious risk
of actual bias impacting the due process rights
of a party or has failed to adhere to the appearance
of impropriety standard set forth in Canon 2
of the Michigan Code
of Judicial Conduct.