Legal Definitions - judicial bias

Judicial bias occurs when a judge has a predisposition, prejudice, or personal interest that could unfairly influence their judgment or decision-making in a legal case. This undermines the fundamental principle of impartiality, which requires judges to decide cases based solely on the law and the evidence presented, without favor or prejudice towards any party.

Here are some examples illustrating judicial bias:

• Imagine a judge is assigned to preside over a civil lawsuit where one of the parties is a company in which the judge holds a substantial financial investment. The judge's personal financial stake in the outcome of the case could create a direct conflict of interest. This situation demonstrates judicial bias because the judge's financial interest might consciously or unconsciously sway their decisions, making it difficult to rule impartially based solely on the legal merits and evidence presented.

• Consider a scenario where, prior to a trial, a judge makes public comments expressing strong negative opinions about a specific ethnic group or a particular political ideology. If that judge is then assigned to a case where one of the parties belongs to that ethnic group or holds that political ideology, their previously stated views could indicate a predisposition. This would be an example of judicial bias, as the judge's personal prejudices might prevent them from evaluating the evidence and arguments fairly and objectively for all parties involved.

• Suppose a judge is overseeing a criminal trial, and it comes to light that the prosecuting attorney is the judge's child. Even if the judge believes they can be impartial, the close family relationship could create an appearance of impropriety or an actual predisposition to favor the prosecution's arguments. This situation exemplifies judicial bias because the personal connection could compromise the judge's ability to maintain strict neutrality and ensure a fair process for both the prosecution and the defense.