recusal

American  

[ri-kyooz-uhl] / rɪˈkyuz əl /

noun

1. the act of recusing; withdrawal or disqualification from a role or process.

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Explanation

In law, recusal is the act of a judge being disqualified (or disqualifying herself) because of a conflict of interest. A recusal, for example, would replace a judge if the defendant in a case was a relative. An attorney might ask for recusal if she overhears the judge saying something like, "Well it's obvious he's guilty — just look at those clothes he's wearing!" Before a case is decided, both judge and jury have to be completely unbiased and impartial for the result to be just. Recusal protects against a judge's bias. The word comes from recuse, "reject or challenge as disqualified to act."

Example Sentences

Recusal motions, especially those based on allegations of bias, are "relatively infrequent and are very rarely granted," longtime Harvard Law constitutional scholar Laurence Tribe told Salon.

From Salon • Sep. 29, 2023

Recusal of the judge was not the only thing Mr Trump said he would request.

From BBC • Aug. 6, 2023

Recusal by a Supreme Court justice, moreover, raises a unique issue — a lower court judge can be replaced by a colleague, but not a Supreme Court justice.

From Los Angeles Times • May 3, 2023

Recusal decisions by lower-court judges are subject to judicial review, he wrote.

From New York Times • Mar. 25, 2022

Recusal denials for an individual justice have been issued by the full court on extremely rare occasions.

From Seattle Times • Oct. 29, 2021