Judicial Disqualification: Hearing, Ninety-third Congress, First Session on S. 1064 ...U.S. Government Printing Office, 1978 - 194 páginas |
Términos y frases comunes
ABA Canons adopted affidavit amended American Bar Association appearance of impropriety apply attorney Bayh bill bias or prejudice Canons of Judicial Chairman change of judge Chief Justice cial circuit Code of Judicial Commentary CONGRESS THE LIBRARY counsel COUSIN draft Federal judges fiduciary filed financial interest FRANK hearing impartiality might reasonably Indiana investments involved judge should disqualify judge's Judicial Conduct Judicial Conference judicial disqualification Judicial Ethics judiciary LAIRD language lawyer LIBRARY OF CONGRESS litigation material witness matter in controversy mutual funds North Dakota opinion participation party peremptory challenge permit Potter Stewart practice problem proceeding Professor THODE provision qualify reasonably be questioned requires a judge rule section 455 Senator BAYH Senator BURDICK Senator GURNEY Senator HOLLINGS specific spouse statement statute Subcommittee substantial interest substantially affected Supreme Court TATUM tion title 28 Traynor committee trial U.S. Supreme Court United States Code waiver WESTPHAL
Pasajes populares
Página 92 - He has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding...
Página 175 - Any justice or judge of the United States shall disqualify himself in any case in which he has a substantial interest, has been of counsel, is or has been a material witness, or is so related to or connected with any party or his attorney as to render it improper, in his opinion, for him to sit on the trial, appeal, or other proceeding therein.
Página 124 - States or any department or agency thereof, directly or indirectly receives or agrees to receive, any compensation for any services rendered or to be rendered, either by himself or another...
Página 62 - ... has a personal bias or prejudice either against him or in favor of any opposite party to the suit, such judge shall proceed no further therein...
Página 62 - The affidavit shall state the facts and the reasons for the belief that bias or prejudice exists, and shall be filed not less than ten days before the beginning of the term at which the proceeding is to be heard, or good cause shall be shown for failure to file it within such time. A party may file only one such affidavit in any case. It shall be accompanied by a certificate of counsel of record stating that it is made in good faith.
Página 80 - Commentary Public confidence in the judiciary is eroded by irresponsible or improper conduct by judges. A judge must avoid all impropriety and appearance of impropriety. He must expect to be the subject of constant public scrutiny. He must, therefore, accept restrictions on his conduct that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly.
Página 89 - Any justice, judge, or magistrate of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.
Página 59 - ... from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday...
Página 140 - CANON 2 A Judge Should Avoid Impropriety and the Appearance of Impropriety in All His Activities A.
Página 59 - legal holiday" includes New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans...