Judges and Judiciary,
Ethics/Professional Responsibility
Mar. 7, 2023
Well, Recu-u-use Me!
Considering how basic the need for impartial judging is to the court system, it is surprising that the rule requiring parties to provide data for conflicts purposes is a relatively new development in California.
Benjamin G. Shatz
Partner
Manatt, Phelps & Phillips LLP
Appellate Law (Certified), Litigation
Email: bshatz@manatt.com
Benjamin is a certified specialist in appellate law who co-chairs the Appellate Practice Group at Manatt in the firm's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.
A foundational assumption in litigation is that the judge deciding a case is completely neutral, having no interest in any given case or the well-being of the parties engaged in the dispute. This is why judges who do have an interest in the litigation or a financial stake with a litigant are supposed to recuse themselves and allow neutral judges to handle the case. By statute, federal judges must disqualify themselves when their impartiality could be questioned, incl...
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