The Judicial Ethics Forum (JEF)

An Academic Discussion of Judicial Ethics, Discipline & Disqualification

Archive for October, 2008

New Reports on Recusal and Disqualification in the Wake of White

Posted by kswisher on Wednesday, October, 29, 2008

The Brennan Center for Justice recently issued a fine paper on recusal standards, particularly in light of Republican Party of Minnesota v. White, 536 U.S. 765 (2002).  The paper (among other features) offers ten specific proposals, including peremptory disqualification, enhanced disclosure, and like the ABA, mandatory disqualification whenever a party appearing before the judge has contributed significantly to the judge’s campaign.  See Model Code of Judicial Conduct R. 2.11(A)(4)(2007).  Click here to review a copy, courtesy of the Center. 

Equally of interest, the (relatively) new Judicial Disqualification Project of the ABA Standing Committee on Judicial Independence has released an eighty-six page draft report, which thoroughly explores the history of disqualification and its current problems.  Professor Charles Geyh at IU – Bloomington, no stranger to judicial ethics, is the director of the project.  To review the draft report, click here.

Posted in Canon 2, Judicial Disqualification & Recusal | Leave a Comment »