Judicial Disqualification Boot Camp: How to Boot a Judge Off of Your Case

Thursday, June 2 
(10:40am - 12:00pm)

Moderator: Peter Jarvis
Panelists: Lucian Pera, Hon. Gene Pratter, Abraham Reich

Since the U.S. Supreme Court’s discovery of judges’ First Amendment right to free speech in 2002’s Republican Party of Minnesota v. White, the same Court’s articulation of the due process foundation for recusal in 2009’s Caperton v. A.T. Massey Coal Co., and the increase in money in judicial campaigns, the process by which a party seeks the disqualification of a judge has grown in significance. So, what’s a lawyer to do when a judge assigned to her case needs to be removed? We’ll examine the practicalities of seeking disqualification of judges, from the first glimmer of bias or prejudice or its appearance, to evaluation of the need for recusal, to filing a motion, a hearing on the motion, and appeal.


MATERIALS

  1. In re Conduct of Schenck
  2. Matter of Marriage of Benson (3)
  3. State ex rel Kafoury v Jones
  4. Way v Prosch