Judicial Disqualifiation: An Analysis of Federal Law: An Analysis of Federal Law
Editat de Federal Judicial Center (U.S.) Autor Charles Gardner Geyhen Limba Engleză Paperback – 20 iun 2018 – vârsta de la 20 ani
The
second
edition
of
this
work
provides
an
overview
of
the
history
of
judicial
disqualification.
It
substantially
revises
and
expands
on
the
first
edition,
and
analyzes
the
case
law,
both
with
a
focus
on
substantive
disqualification,
and
procedural
requirements.
Featured
are
updated
cases
of
applicable
statutory
law,
a
revised
organizational
structure
and
new
material.
The ethical dimension is governed by Cannon 3C of the Code of Conduct for U.S. Judges. On the other hand, the procedural dimension is governed by four sections in Title 28 of the United States Code (USC/U.S. Code).
Related products:
U.S. Code seriescan be found here:https://bookstore.gpo.gov/catalog/united-states-code
Ethics & Code of Conduct collectionis available here:https://bookstore.gpo.gov/catalog/ethics-code-conduct
More products produced by theJudicial Branch & Federal Courtscan be found here:https://bookstore.gpo.gov/agency/judicial-branch-federal-courts
The ethical dimension is governed by Cannon 3C of the Code of Conduct for U.S. Judges. On the other hand, the procedural dimension is governed by four sections in Title 28 of the United States Code (USC/U.S. Code).
Related products:
U.S. Code seriescan be found here:https://bookstore.gpo.gov/catalog/united-states-code
Ethics & Code of Conduct collectionis available here:https://bookstore.gpo.gov/catalog/ethics-code-conduct
More products produced by theJudicial Branch & Federal Courtscan be found here:https://bookstore.gpo.gov/agency/judicial-branch-federal-courts
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Specificații
ISBN-13: 9780160946028
ISBN-10: 0160946026
Pagini: 140
Dimensiuni: 152 x 229 x 6 mm
Editura: United States Courts
Colecția United States Courts
ISBN-10: 0160946026
Pagini: 140
Dimensiuni: 152 x 229 x 6 mm
Editura: United States Courts
Colecția United States Courts
Notă biografică
ABOUT
THE
AUTHOR/AGENCY:
About the Federal Judicial Center The Federal Judicial Center is the research and education agency of the federal judicial system. It was established by Congress in 1967 (28 U.S.C. §§ 620–629), on the recommendation of the Judicial Conference of the United States.
By statute, the Chief Justice of the United States chairs the Center’s Board, which also includes the director of the Administrative Office of the U.S. Courts and seven judges elected by the Judicial Conference.
The organization of the Center reflects its primary statutory mandates. The Education Division plans and produces education and training programs for judges and court staff, including satellite broadcasts, video programs, publications, curriculum packages for incourt training, and Web-based programs and resources. The Research Division examines and evaluates current and alternative federal court practices and policies. This research assists Judicial Conference committees, who request most Center research, in developing policy recommendations. The Center’s research also contributes substantially to its educational programs. The two divisions work closely with two units of the Director’s Office—the Systems Innovations & Development Office and Communications Policy & Design Office—in using print, broadcast, and online media to deliver education and training and to disseminate the results of Center research. The Federal Judicial History Office helps courts and others study and preserve federal judicial history. The International Judicial Relations Office provides information to judicial and legal officials from foreign countries and assesses how to inform federal judicial personnel of developments in international law and other court systems that may affect their work.
About the Federal Judicial Center The Federal Judicial Center is the research and education agency of the federal judicial system. It was established by Congress in 1967 (28 U.S.C. §§ 620–629), on the recommendation of the Judicial Conference of the United States.
By statute, the Chief Justice of the United States chairs the Center’s Board, which also includes the director of the Administrative Office of the U.S. Courts and seven judges elected by the Judicial Conference.
The organization of the Center reflects its primary statutory mandates. The Education Division plans and produces education and training programs for judges and court staff, including satellite broadcasts, video programs, publications, curriculum packages for incourt training, and Web-based programs and resources. The Research Division examines and evaluates current and alternative federal court practices and policies. This research assists Judicial Conference committees, who request most Center research, in developing policy recommendations. The Center’s research also contributes substantially to its educational programs. The two divisions work closely with two units of the Director’s Office—the Systems Innovations & Development Office and Communications Policy & Design Office—in using print, broadcast, and online media to deliver education and training and to disseminate the results of Center research. The Federal Judicial History Office helps courts and others study and preserve federal judicial history. The International Judicial Relations Office provides information to judicial and legal officials from foreign countries and assesses how to inform federal judicial personnel of developments in international law and other court systems that may affect their work.
Cuprins
Contents
Preface, vii
Acknowledgments, ix
Introduction, 1
I. History of Judicial Disqualification, 5
II. Disqualification Under 28 U.S.C. § 455, 9
A. Overview, 9
1. The text of § 455, 9
2. Interpretive ground rules, 11
a. Interpreting § 455
(a) in relation to § 455(b), 11
b. Balancing the duty to decide and the duty to disqualify, 12
c. The rule of necessity, 13
d. Special concerns in bench trials, 15
e. Standing, 16
B. Grounds for disqualification, 17
1. General standard: when impartiality might reasonably be questioned—§ 455(a), 17
a. Framework for analysis, 17
b. Recurring scenarios, 22
i. Judge’s prior relationship with parties, witnesses, or lawyers, 22
ii. Judge’s conduct in judicial proceedings, 30
iii. Judge’s extrajudicial conduct, 40
iv. Party’s conduct toward judge, 46
2. Specific grounds: § 455(b), 49
a. Personal bias, prejudice, or knowledge: § 455(b)(1), 49
i. Bias and prejudice, 49
ii. Extrajudicial source of bias, 51
iii. Bias against nonparties, 53
iv. Knowledge of disputed evidentiary facts, 54
b. Prior association with matter as private practitioner or witness: § 455(b)(2), 55
c. Prior association with matter as governmental employee: § 455(b)(3), 57
d. Financial interest in matter: § 455(b)(4) and § 455(f), 60
i. Disqualification for financial interest, 60
ii. Divestiture as a cure for financial interest disqualification, 63
e. Other interests of judge and judge’s family: § 455(b)(5), 66
i. Where judge or relatives are parties or associated with parties, 66
ii. Where judge or relatives acting as lawyer, 67
iii.Where judge or relatives have an interest that could be substantially affected, 69
iv.Where judge or relatives likely to be material witnesses, 72
C. Disqualification procedure, 72
1. Investigating disqualification claims, 73
2. Waiver of disqualification: § 455(e), 74
3. Timeliness of disqualification motion, 76
4. Evaluation of motion by merits judge, 78
5. Judge’s postdisqualification authority, 79
III. Disqualification Under 28 U.S.C. § 144, 83
A. Overview, 83
B. Grounds for disqualification, 85 '
1. Bias or prejudice, 85
2. Extrajudicial source doctrine revisited, 85
3. Bias toward counsel, 87
C. Disqualification procedure, 89
1. Timeliness, 89
2. Facially sufficient affidavit, 90
3. Counsel’s certificate of good faith, 93
IV. Disqualification Under 28 U.S.C. § 47, 95
V. Disqualification on Appeal, 97
A. Routes of appellate review, 97
B. Standards of review, 99
C. Issues on appeal, 102
1. Harmless error, 102
2. Reviewability of lower court decisions to disqualify, 104
3. Mootness of underlying dispute, 106
4. Impact of guilty plea on reviewability of nondisqualification, 107
5. Jurisdiction, 108
D. Disqualification under 28 U.S.C. § 2106, 109
Appendix: Code of Conduct for United States Judges, Canons 3C and 3D, 115
For Further Reference, 119 Table of Cases, 121