recusal

Thân thiện

A judge signs a formal recusal order in the courtroom.

Definition

Noun: 1. The act of removing oneself from a legal case or decision-making process: In law, "recusal" refers specifically to the disqualification of a judge, juror, or other official from participating in a proceeding due to a conflict of interest, bias, or a prior relationship that could compromise their impartiality. This can be initiated by an objection from a party involved or by the official's own voluntary decision.

Usage Examples

• The defense attorney filed a motion for the judge's recusal because the judge's former law partner represented the plaintiff.
• To avoid any appearance of bias, the council member announced her recusal from the vote on the zoning matter.
• The controversy centered on the justice's failure to seek recusal from cases involving companies in which he held stock.

Advanced Usage

• Self-recusal: The act of a judge or official voluntarily disqualifying themselves without a formal motion from another party. This is often done to uphold the integrity of the judicial process.
  • The prosecutor's self-recusal from the investigation was seen as an ethical move.

Variants and Related Words

• Recuse (verb): To disqualify or remove oneself as a judge or official in a particular case.
  • The judge decided to recuse himself from the trial.
• Recusable (adj.): Capable of or subject to being recused.

Synonyms

• Disqualification
• Withdrawal (in a specific legal/ethical context)
• Abstention (in a specific decision-making context)

Antonyms

• Participation
• Involvement
• Adjudication (in this specific context)

Related Phrases

• Motion for recusal: A formal request submitted to a court asking that a judge be disqualified from a case.
  • The lawyer prepared a detailed motion for recusal.
• Grounds for recusal: The specific reasons or legal justifications that warrant a judge's disqualification.
  • A financial interest in the outcome is clear grounds for recusal.

Học thuật

Noun

1. (law) the disqualification of a judge or jury by reason of prejudice or conflict of interest; a judge can be recused by objections of either party or judges can disqualify themselves

Từ đồng nghĩa

• recusation