What is the law of recusal?
What is the law of recusal?
Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer.
Who hears a recusal application?
magistrate
When faced with an application for recusal a magistrate must consider and weigh up two obligations: the duty to hear every case that comes before him or her and the duty to apply the law impartially, without fear, favour or prejudice.
Can a judge be friends with an attorney in South Africa?
A judge does not act as advocate, attorney, or legal adviser but may give informal legal advice to family members, friends, charitable organisations and the like without compensation.
What is a motion to recuse?
A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. The motion can be brought by either a prosecutor or a defense attorney. And, a motion to recuse can be filed in either a civil suit or in a criminal trial.
Why would a federal judge recuse himself?
Generally, a judge must recuse himself if he has a personal bias or prejudice concerning a party to the lawsuit or has personal knowledge of the facts that are disputed in the proceeding.
How do I request recusal?
What is recusal of Magistrate?
before an impartial tribunal..” When magistrates take their Oath of Office they undertake to uphold this right by swearing to “administer justice to all persons alike, without fear, favour or prejudice, in accordance with the Constitution and the law.” A magistrate should recuse him- or herself or may be asked to …
Can a judge do business?
(2) A judge may serve as an officer, director, active partner, manager, advisor, or employee of a business only if the business is closely held and controlled by members of the judge’s family.
