Judicial Disqualifications: Conflicts of Interest and other Bases
(1.5 hours, Ethics)
Presenter: Richard E. Flamm, Esq.
Richard E. Flamm, author of the nationally-acclaimed treatise, Judicial Disqualification: Recusal and Disqualification of Judges, provides a thorough presentation of this important area. Topics include the origins of Recusal and Disqualification, federal statutes, disqualification based on bias or its appearance or on a judge's interest or relationship (familial, social, law clerks, gifts, campaign contributions) and other reasons. Mr. Flamm candidly assesses the tactical nature of the motion, noting the old adage, "Never shoot at an Emperor and miss." Materials include comprehensive outline, cases from numerous jurisdictions and a chapter from Mr. Flamm’s treatise, published by and available from Banks and Jordan Law Publishing
Topics addressed include:
INTRODUCTION TO RECUSAL AND DISQUALIFICATION
Includes discussion of California and ABA Rules
DISQUALIFICATION FOR BIAS AND THE APPEARANCE OF BIAS
What is bias? "Impartiality is the cornerstone of the American legal system."
Personal bias
Extrajudicial Source Doctrine
DISQUALIFICATION BASED ON INTEREST OR RELATIONSHIP
OTHER BASES FOR DISQUALIFICATION
DISQUALIFICATION MOTIONS AND FACTORS MILITATING AGAINST DISQUALIFICATION
Congress' Peremptory Statute, enacted 1911
California Peremptory Statutes: 170.6 Code of Civil Procedure: Matter of right.
Duty to Sit Principle of 170.6 (no such duty federally)
Difficulties, caveats, advice and conclusionsCenter for Continuing Education (CCE) is a State Bar of California MCLE approved provider.