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Letter R
courts

Recusal

The act of a judge withdrawing from hearing a case due to a potential conflict of interest or appearance of bias.

Encyclopedia entry: Recusal

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recusal

Recusal means the self-removal of a judge or prosecutor because of a conflict of interest . Common instances of recusal usually involve when the judge or prosecutor worked with or under one of the subjects of a case or a criminal investigation, or when the judge or prosecutor has past or present business ties with the subject. For example, in 1990 U.S. Attorney General Richard Thornburgh recused himself from a criminal investigation into drug use among public officials because one of his former aides was a subject to the investigation. As another example, in 2008, U.S. Attorney General Michael Mukasey recused himself from an investigation into the Alavi Foundation’s Iranian ties because he had previously represented them in court when he was in private practice.

[Last reviewed in December of 2020 by the Wex Definitions Team
]

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Encyclopedia content from Cornell LII Wex (CC-BY-NC-SA 2.5).

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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.