Sentences with phrase «risk of actual bias»
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.
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Although he said in Citizens United v. Federal Election Commission that independent spending does «not give rise to corruption or the appearance of corruption,» Justice Kennedy authored a ruling in Caperton v. A.T. Massey Coal Co. that mining company executive Don Blankenship's $ 3 million in independent spending for a West Virginia justice gave rise to an unconstitutional «risk of actual bias» in a lawsuit against the company.
The Court found a «serious risk of actual bias» when a judge had prior personal significant involvement in a case as a prosecutor.