Thursday, August 9, 2007

Recusal Motion Premature

A lawyer in Delaware opposed the nomination of a superior court judge, providing public testimony in opposition. The judge was nonetheless selected for the position. The lawyer then filed a motion for the judge's recusal in all his matters, which the judge denied by letter order. An appeal of the letter order was heard by the Delaware Supreme Court.

The court held that motions to recuse must be case-specific. A free-standing motion for an order of recusal has no basis and must be denied as premature. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2007/08/recusal-motion-.html

Judicial Ethics and the Courts | Permalink

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