1-5.000
JUDICIAL DISQUALIFICATION
28 U.S.C. Sec. 445 deals with the disqualification of
district court judges and it states in part:
Any justice, judge, or magistrate, of the United States
shall
disqualify himself/herself in any proceeding in which his/her
impartiality might reasonably be questioned.
See also 28 U.S.C. Sec. 144; Code of Judicial Conduct,
Canon 3.C(1)(a).
28 C.F.R. Sec. 50.19 establishes procedures to be followed by
all government attorneys prior to filing a motion to recuse or
disqualify a judge. The regulations require the written approval
of the Assistant Attorney General of the appropriate division
prior to filing or supporting a motion to recuse or disqualify
the judge, justice or magistrate. In cases handled by a United
States Attorney's Office, the views and recommendations of the
client agency should be submitted with the request for approval.
Approval or denial of such requests will be in writing. Oral
authorization will be given, and should only be sought, if the
litigation does not allow sufficient time to seek prior written
approval. In such cases the attorney in charge of the case is
required subsequently to prepare and submit to the Assistant
Attorney General a written record fully reflecting that
authorization.
| September 1997
| USAM Chapter 1-5
|