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Key Concepts. Either party may move that the judge recuse him- or herself on the grounds of prejudice or conflict. The moving party bears the burden of proof. The defendant may also move to have the prosecutor recused from a case, but the court may grant such relief only upon an actual showing of conflict of interest.
What is a motion to recuse? A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. The motion can be brought by either a prosecutor or a defense attorney.
A recusal or disqualification is a method used to resolve an apparent or actual conflict of interest. A disqualified employee may be required to sign a written statement reflecting the scope of the disqualification and the precise nature of the conflicting interest or activity.
Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer.
The purpose for which litigants seek recusal of a judge on a multi-judge appellate court is primarily to prevent the allegedly conflicted judge from participating in the case.
The judge has personal or financial interest in the outcome. This particular ground varies by jurisdiction. Some require recusal if there is any interest at all in the outcome, while others only require recusal if there is interest beyond a certain value. The judge determines he or she cannot act impartially.
In a criminal cause, a judge of any trial or appellate court shall be recused upon any of the following grounds: (1) The judge is biased, prejudiced, or personally interested in the cause to such an extent that the judge would be unable to conduct a fair and impartial trial.
Recusal means the self-removal of a judge or prosecutor because of a conflict of interest.