In re: McCarthey v.

How courts have described this case

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

• holding that “merely because” a judge “belongs to and contributes to” The Church of Jesus Christ of Latter-day Saints “would never be enough to disqualify him”
• explaining that the judge does not have to prove that she is impartial
• “The standards for reviewing petitions for writs of prohibition are similar to the standards for reviewing petitions for writs of mandamus.”
• first citing Nichols, 71 F.3d at 351; and then citing Bryce v. Episcopal Church, 289 F.3d 648, 659–60 (10th Cir. 2002)
• “Section 455 contains an objective standard: disqualification is appropriate only where the reasonable person, were he to know all the circumstances, would harbor doubts about the judge’s impartiality.”
• “Disqualification under 28 U.S.C. § 144 places a substantial burden on the moving party to demonstrate that the judge is not impartial, not a burden on the judge to prove that he is impartial.”

Source: CourtListener parenthetical corpus (CC0).