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 6
... of the United States shall dis- 9 qualify himself , and shall not accept waiver of disqualifica- 10 tion , ( 1 ) in any case in which he has an interest , which shall II 2 1 include any stockholding in a corporate party , 6.
... of the United States shall dis- 9 qualify himself , and shall not accept waiver of disqualifica- 10 tion , ( 1 ) in any case in which he has an interest , which shall II 2 1 include any stockholding in a corporate party , 6.
Página 11
... waiver , " in which the judge discloses his interest in the case and may hear it if the parties waive their objection . Such waivers are often made because counsel dare not jeopardize their relationship with a judge before whom they ...
... waiver , " in which the judge discloses his interest in the case and may hear it if the parties waive their objection . Such waivers are often made because counsel dare not jeopardize their relationship with a judge before whom they ...
Página 12
... waive the disqualification . The procedure for waiver specified by S. 1553 is , to my mind , especially unfortunate . In most cases , the judge is not expected to disclose the reasons for his disqualification . However , if the judge ...
... waive the disqualification . The procedure for waiver specified by S. 1553 is , to my mind , especially unfortunate . In most cases , the judge is not expected to disclose the reasons for his disqualification . However , if the judge ...
Página 15
... waiver . What do you think about that procedure ? You have got one share of stock , probably out of a million out- standing . Senator BAYH . That is , of course , a difficult case , I have gone on record and I certainly feel - we should ...
... waiver . What do you think about that procedure ? You have got one share of stock , probably out of a million out- standing . Senator BAYH . That is , of course , a difficult case , I have gone on record and I certainly feel - we should ...
Página 16
... waiver of disqualification " is the best way to handle that . Senator BURDICK . Now , one last question . On the top of page 2 of your bill it says , going back into section 455 : Any justice or judge of the United States shall ...
... waiver of disqualification " is the best way to handle that . Senator BURDICK . Now , one last question . On the top of page 2 of your bill it says , going back into section 455 : Any justice or judge of the United States shall ...
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...