Recuse Meaning

Recuse: Meaning and Usage

What does recuse mean?

In law, to recuse means to disqualify oneself from participating in a case or proceeding due to a conflict of interest. This can happen for a variety of reasons, including personal bias, financial interest, or prior involvement in the case.

When is recusal required?

In the United States, federal judges are required to recuse themselves from any case in which they have a "personal bias or prejudice concerning a party or a party's lawyer" or in which they have "financial interests that could substantially affect the outcome of the proceeding."

State laws vary on the issue of recusal, but most states have similar rules that require judges to recuse themselves in cases where they have a conflict of interest.

What happens if a judge fails to recuse themselves?

If a judge fails to recuse themselves from a case in which they have a conflict of interest, the parties to the case may file a motion for recusal. If the motion is granted, the judge will be removed from the case and another judge will be assigned to hear it.

Examples of recusal

Here are some examples of situations in which a judge might be required to recuse themselves:

• If the judge has a personal relationship with one of the parties to the case.
• If the judge has a financial interest in the outcome of the case.
• If the judge has previously ruled on a similar case involving the same parties.
• If the judge has made public statements about the case that indicate they have a bias against one of the parties.

Conclusion

Recusal is an important part of the legal system that helps to ensure that cases are decided fairly and impartially. If you believe that a judge has a conflict of interest in your case, you should file a motion for recusal.