Skip to main content
· 11/25/1992

In Interest of McFall

Citations

  • 617 A.2d 707
  • 533 Pa. 24
  • 1992 Pa. LEXIS 530

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding appearance of impropriety existed where judge presided over cases while being investigated by the same office for misconduct
  • \Recusal is required wherever there is substantial doubt as to the jurist's ability to preside impartially.\
  • an environment of partiality toward the prosecution was created when presiding judge who faced potential prosecution was cooperating in self-interest with the same authorities who prosecuted defendants in her courtroom every day
  • “We hold herein that the impartiality of the court, which is a fundamental prerequisite of a fair trial, must be deemed compromised by appearance alone, thus eliminating the need for establishing actual prejudice.”
  • “In order for the integrity of the [Jjudiciary to be compromised, we have held that a judge’s behavior is not required to rise to a level of actual prejudice, but the appearance of impropriety is sufficient.”
  • “In order for the integrity of the [J]udiciary to be compromised, we have held that a judge’s behavior is not required to rise to a level of actual prejudice, but the appearance of impropriety is sufficient.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Nix, C.J., and Larsen, Flaherty, McDermott, Zappala, Papadakos and Cappy

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.