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.
College of Law
Northern Illinois University Law Review
Flaherty, Shawn P.
"Liteky v. United States: The Entrenchment of an Extrajudicial Source Factor in the Recusal of Federal Judges Under 28 U.S.C. § 455(a),"
Northern Illinois University Law Review: Vol. 15:
2, Article 5.
Shawn P. Flaherty, Note, Liteky v. United States: The Entrenchment of an Extrajudicial Source Factor in the Recusal of Federal Judges Under 28 U.S.C. § 455(a), 15 N. Ill. U. L. Rev. 411 (1995).