Judicial Disqualification: Hearing Before the Subcommittee on Improvements in Judicial Machinery ..., 93-1, July 14, 1971, and May 17, 19731973 - 194 páginas |
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Página 7
... trial , appeal , or other proceedings ; ( 5 ) 13 in any case in which his participation in the case will create 14 an appearance of impropriety ; and ( 6 ) in any other case in 15 which , in his opinion , it would be improper for him to ...
... trial , appeal , or other proceedings ; ( 5 ) 13 in any case in which his participation in the case will create 14 an appearance of impropriety ; and ( 6 ) in any other case in 15 which , in his opinion , it would be improper for him to ...
Página 8
... trial or ( b ) within ten days after the filing party 3 is first given notice of the identity of the trial judge or ( c ) 4 when good cause is shown for failure to file the affidavit 5 within such times . A party may file only one such ...
... trial or ( b ) within ten days after the filing party 3 is first given notice of the identity of the trial judge or ( c ) 4 when good cause is shown for failure to file the affidavit 5 within such times . A party may file only one such ...
Página 12
... trial before a particular judge should not have to convince the very same judge of his bias . This result distrubs me because it contributes to the lack of confidence in our courts . This lack of confidence does not , in my opinion ...
... trial before a particular judge should not have to convince the very same judge of his bias . This result distrubs me because it contributes to the lack of confidence in our courts . This lack of confidence does not , in my opinion ...
Página 13
... trial judge's alleged bias . However , this still puts undue pressure on counsel , and it ignores the possibility of embarrassment and ten- sion created when one man must rule on the impartiality of his colleague - and often , his ...
... trial judge's alleged bias . However , this still puts undue pressure on counsel , and it ignores the possibility of embarrassment and ten- sion created when one man must rule on the impartiality of his colleague - and often , his ...
Página 15
... trial of a case , the judge presiding at the case calls the attorneys into his chambers and he said : " Gentlemen , I have one share of stock in the Sunbeam Manufacturing Co. , does that bother either one of you gentlemen ? " Suppose ...
... trial of a case , the judge presiding at the case calls the attorneys into his chambers and he said : " Gentlemen , I have one share of stock in the Sunbeam Manufacturing Co. , does that bother either one of you gentlemen ? " Suppose ...
Términos y frases comunes
ABA Canons activities adopted affidavit amended American Bar Association appearance of impropriety apply attorney Bayh bill bias or prejudice blind trust Chairman change of judge Chief Justice cial circuit Code of Judicial Commentary counsel COUSIN draft Federal judges fiduciary filed financial interest FRANK Government hearing impartiality might reasonably Indiana investments involved judge disqualified judge's Judicial Conduct Judicial Conference Judicial Council judicial disqualification Judicial Ethics judiciary LAIRD language lawyer litigation material witness matter in controversy mutual funds North Dakota opinion participation party peremptory challenge permit person Potter Stewart practice problem procedure proceeding Professor THODE provision qualify reasonably be questioned rule section 455 Senator BAYH Senator BURDICK Senator GURNEY Senator HOLLINGS specific spouse Standards of Judicial 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 125 - ... his parents, spouse, child, or any person for whom, or for any estate for which, he is serving as guardian, executor, administrator, trustee, or other personal fiduciary, except in those matters in which he has participated personally and substantially as a Government employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, or which are the subject of his official responsibility, as defined in section 202(b) of Title 18 of the United...
Página 9 - A judge should disqualify himself in a proceeding in which his impartiality might reasonably be questioned...
Página 185 - 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 - in relation to any proceeding, application, request for a ruling or other determination, contract, claim controversy, charge, accusation, arrest, or other particular matter in which the United States is a party or has a direct and substantial interest, before any department, agency, court-martial, officer, or any civil, military, or naval commission...
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 181 - I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich...
Página 124 - (f) Whoever, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly gives, offers, or promises anything of value to any public official, former public official, or person selected to be a public official, for or because of any official act...
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 125 - Government employee or as a special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation or otherwise, or (2) which is pending in the department or agency...
Página 125 - Shall be fined not more than $10,000 or imprisoned for not more than two years, or both. "A special Government employee shall be subject to the preceding paragraphs only in relation to a particular matter involving a specific party or parties (1) in which he has at any time participated personally and substantially as a Government employee or as a special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation or otherwise...