· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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