Federal Judicial Center

Recusal: Analysis of Case Law Under 28 U.s.c. Sections 455 and 144 Federal Judicial Center

Litigants often move for trial judges to recuse themselves on grounds of partiality or the appearance of partiality. Improper denial of motions seeking recusal may have serious consequences. First, it can deprive citizens of their right to a "neutral and detached judge." Second, it can diminish public trust in the judicial system, which requires confidence in the impartiality of judges. This monograph offers a synthesis and analysis of the case law under 28 U. S. C. §§ 455 and 144 to assist judges in ruling on recusal. It identifies the core principles and recurring issues in the voluminous case law, and it examines how the courts of appeals have applied these principles.