Cardozo Law Review
Abstract
According to 28 U.S.C. § 455(a), a judge shall disqualify himself from presiding over "any proceeding in which his impartiality might reasonably be questioned." Judicial disqualification under § 455(a) arises from a number of disparate situations, including a judge's financial conflict of interest and a judge's appearance of bias or prejudice. This Note focuses on judicial disqualification for bias under § 455(a) and the questionable legitimacy of a judicially created doctrine known as the "extrajudicial source requirement." The extrajudicial source requirement allows a judge to deny a disqualification motion based on bias if the judge's alleged bias arises solely from within a judicial proceeding. The First Circuit case of United States v. Chantal provides a good example of the distinction between a judicial and an extrajudicial source of bias.
Disciplines
Judges | Law
Recommended Citation
Adam J. Safer,
The Illegitimacy of the Extrajudicial Source Requirement for Judicial Disaqualification Under 28 U.S.C. § 455(a),
15
Cardozo L. Rev.
787
(1993).
Available at:
https://larc.cardozo.yu.edu/clr/vol15/iss3/6