Legal Definitions - recusement

Recusement refers to the act of a judge, prosecutor, or other decision-maker withdrawing from a legal case or proceeding, or being disqualified from it, due to a conflict of interest, bias, or other circumstances that might prevent them from being impartial. It is the process by which an individual is recused, or the state of having been recused.

Here are some examples to illustrate this concept:

• Example 1: A judge is assigned to preside over a civil lawsuit where one of the parties is a company in which the judge owns a significant amount of stock. To ensure fairness and avoid any appearance of impropriety, the judge would likely initiate a recusement, stepping down from the case so that another judge can be assigned. This demonstrates recusement because the judge's personal financial interest could be perceived as influencing their judgment, thus necessitating their withdrawal.

• Example 2: A prosecutor is assigned to handle a criminal case where the defendant is their former law partner. Even if the prosecutor believes they can be objective, the close professional relationship could create an appearance of bias or a conflict of interest. In such a situation, the prosecutor would typically request a recusement, meaning another prosecutor would take over the case to maintain public trust in the justice system. This illustrates recusement as the prosecutor's prior relationship with the defendant could compromise the perceived impartiality of the prosecution.

• Example 3: An arbitrator is selected to resolve a dispute between a construction company and a homeowner. During the initial review of the case details, the arbitrator discovers that their sibling is a senior executive at the construction company. To uphold the integrity of the arbitration process and ensure both parties perceive the decision as fair, the arbitrator would declare a conflict and undergo a recusement, allowing a different, unbiased arbitrator to be appointed. This example shows recusement because the arbitrator's family connection to one of the parties could lead to an unfair advantage or a perception of bias.