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To Recuse Or Not To Recuse

Rexedgar

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Where does the authority lie? If a judge does not recuse themselves from a case where they should, does it fall to the appellate court to rule? Are the recusal conditions straight forward or is there interpretation wiggle room?

If AG Sessions had decided against recusal, what authority would rebuke his decision?
 

joko104

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Technically a recusal can be enforced by the court system but that basically never happens. There is almost no way to force a recusal UNLESS there is a clear conflict (Judge has a clear financial interests in the outcome of the case, one of the parties is his wife etc.)

There are 1 of 2 reasons to recuse: 1.) A strict duty such as related to one of the parties - a MANDATORY recusal and 2.) the judge has a bias - a VOLUNTARY recusal. This second one is entirely at the judge's/official's discretion as it has to do with what's in the judge's/official's head OR if the judge/official decides it looks bad if not recusing. A voluntary recusal can not be forced.

Jeff Sessions never HAD to recuse himself as a legal matter. He decides that he should, for whatever reason he made that decision.
 
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