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Judicial Recusal
There are sometimes instances in a court proceeding where the judge will determine that he or she should not oversee the trial. When that happens, the judge will be removed from the case, and a new judge appointed to oversee the proceedings. This is known as recusal.
The most common reasons for recusal involve situations where the judge?s impartiality could be questioned. This can arise when the judge has a personal bias concerning the topic of the case, has served as a lawyer or witness for one of the parties, or where the judge has a financial interest in the result of the case.
Judges at all levels have been known to recuse themselves from cases. Even Supreme Court justices will occasionally decline to hear certain cases, generally because they have a financial interest in the result.
Recusal is an important tool for the courts. It gives judges the opportunity to avoid a possible ethical dilemma. This in turn allows the judicial system to maintain its integrity, and provides interested parties the security that the proceedings are fair and evenhanded.
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