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Judges and Judiciary

Dec. 3, 2009

Wrongfully Recused?

H. Scott Leviant of Spiro Moss analyzes how the California Supreme Court may shape the policies of judicial recusal.

By H. Scott Leviant

When does due process compel recusal of a trial judge? Is an appearance of bias, which might undermine the public's confidence in an impartial judiciary, a sufficient basis for demanding recusal of a trial judge? On Nov. 4, 2009, the Supreme Court heard argument in the matter of People v. Freeman, and the Court may very well provide some guidance to California courts about the extent to which an appearance of bias imposes a due process obligatio...

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