NCJ Number
103811
Date Published
1986
Length
90 pages
Annotation
This monograph describes and analyzes judicial decisions that have interpreted the provisions of Canon 3C of the Code of Judicial Conduct or have relied on it in conjunction with laws or court rules specifying judicial conduct that should disqualify a judge from a proceeding.
Abstract
Canon 3C explicitly applies to trial and appellate judges and has also been applied to court-appointed agents of the court like mediators. The Canon prescribes disqualification in situations where the judge has a personal, professional, or financial interest in the subject matter that could be substantially affected by the result. The appearance of partiality, personal bias or knowledge, personal or professional relationships to parties, and financial or other interests are all sources of disqualification. Judges can disqualify themselves or can be disqualified on the motion of one of the parties. The Canon is not difficult to apply in most situations. In some cases, courts have applied subsections differently than the drafters anticipated or have expanded the Canon's scope through the use of its general language. It would be impossible to draft a code covering every possible situation and hard to amend the code in each State. Thus, the judicial development of a common law of judicial disqualification appears to be appropriate. 243 reference notes.