Recusal Study Essay

I. Introduction

Recusal is the practice of judicial disqualification from a particular case because of some type of conflict or even the appearance of such a conflict in deciding a judicial case. Every judge and many administration level positions in the United States federal government adhere to a strict recusal policy except the Supreme Court. When a judge disqualifies himself or herself from a case because of some appearance of conflict or bias, they are contributing to a judicial system based on fairness and integrity. The independence granted to the Supreme Court constitutionally, should not be compromised, for the sake of changing the recusal practice without warrant.
Although the fraction of recusal issues concerning the Supreme Court
The subject of recusal is not the most studied issue either. Much of the literature available and some used here is related to recusal but not necessarily the primary focus. It is still relevant and clearly connects though, and this study will illustrate that. For example, much of the history and background of the study is the same for a variety of subjects written about the Supreme Court. Terms of Engagement by Clark M. Neilly III claims that the Supreme Court’s actions restrict the constitutional theory of limited government. But the background of this source will be utilized for this recusal study. Another example that seems unrelated is Lawrence Goldstones’ The Activist, which focuses on Judicial Review and not directly with the recusal issue. But, has some useful background information needed to build the study completely. By using literature not directly related, it serves the study by increasing additional research data, and will enhance the verification of its
It is imperative to define this issue and establish the fundamental significance it has to the relationship of the other branches. Debra Lyn Bassett’s 2005 study, “Recusal and the Supreme Court” will provide some examples. Bassett’s study is ten years old and more contemporary examples will be used from other sources as well. Once the issue is clearly defined and fully established the research will move on to statues and constitutional limitations of recusal has within the judicial system. Louis J. Virelli III’s article will provide the direction to many of the primary sources to review for this study as well as provide great insight to the issue of separation of powers that will be covered by this paper. Some of the primary sources the article points to are: Chief Robert’s 2011 Year End Report, the ABA Model Code and the Supreme Court Transparency and Disclosure