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Document Type

Article

Media Type

Text

Abstract

This note examines the United States Supreme Court's decision in Liteky v. United States, in which the Court found that intrajudicial matters are not a proper basis for recusal under the primary piece of federal judicial disqualification legislation, 28 U.S.C. § 455(a). The author argues that the Liteky Court should have utilized the test provided in § 455(a), whether the judge's impartiality "might reasonably be questioned." By focusing on the presence of an extrajudicial source factor in determining when judges should recuse themselves, the author suggests the Court ignores several pressing policy concerns.

First Page

411

Last Page

432

Publication Date

5-1-1995

Department

College of Law

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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