Justice Byron White had not been sworn in at the time, and Justice Felix Frankfurter had a stroke.
Case Citation:
Engel v. Vitale, 370 US 421 (1962)
To avoid conflicts of interest that require them to recuse themselves
If a US Supreme Court justice has a conflict of interest with regard to a case being heard by the Court, he (or she) should recuse (disqualify, not participate) himself. While this is considered the best course of action, justices are not required to recuse themselves; the decision is voluntary.There have been times when justices sat on cases in which they had a conflict of interest, raising complaints from other members of the court and general public, but there is no remedy for the problem at the moment.
Recuse... judge is asked to step down due to conflict or other reasons.
If the judge fails to recuse themselves, you have little recourse except to appeal the verdict if you believe that the judge was biased in their conduct of the trial or the verdict.
Any party to a lawsuit may ask a judge to recuse himself/herself.
Yes
Generally, the simple answer to your question would be yes. The slightly more complicated answer is that judges are commonly required to disclose any prior connection with one of the parties, or any other potential factor that might affect the judges ability to impartially preside over a case, and then offer to recuse themselves. Ordinarily, parties can agree to waive any basis upon which a judge would ordinarily recuse himself or herself. The specific law regarding requirements for when a judge must recuse him or herself are not universal, but vary according to the particular jurisdiction.
Rogues in Robes - 2012 To Recuse 2-46 was released on: USA: 24 July 2013
Show the bias and ask for a new judge. ADDED: File a motion with the court asking the judge to 'recuse' themselves because of a perceived bias on their part, or request a change of venue.
A Judge who believes that he is biased should recuse themselves. If the Judge believes that he can fairly adjudicate the case, then he can; but most would not simply to avoid any appearance of prejudice.
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Recuse