Also known as: deep seated favoritism or antagonism · bias · actual bias
Written by attorneys · grounded in primary & secondary sources — see below
An extrajudicial source of partiality that creates an appearance of bias. The partiality must stem from a personal relationship or fixed opinion formed outside the case rather than from rulings or evidence presented during litigation.
Denise Donovan sued Decker Electronics for breach of contract. During cross-examination, defense counsel sought to introduce a letter in which Donovan offered to settle for a reduced amount. The court admitted the letter not to prove liability but to demonstrate that Donovan's testimony was colored by a deep-seated antagonism toward the company's CEO formed years earlier in an unrelated business dispute.
Daniel Diaz appeared before Judge Morales in a contract action. The judge had represented Diaz's opponent in a prior matter and had publicly praised the opponent's business practices. Because the judge's comments reflected deep-seated favoritism formed outside the present case, the judge recused herself under the personal-bias provision.
Select any source to read its text and confirm it supports the definition.
In a federal prosecution, the defense sought to cross-examine a government witness about his juvenile probation status. The court permitted the inquiry because the witness's ongoing supervision by the same probation office that investigated the defendant created a risk of deep-seated favoritism toward the prosecution that the jury needed to evaluate.
Dolores Diaz sued Dakota Industries for negligence. Defense counsel offered evidence that the plaintiff's expert witness was insured by the same carrier that covered Dakota. The court admitted the evidence solely to prove the expert's deep-seated favoritism toward the insurer's interests rather than to establish Dakota's negligence.
Darius Dixon moved to disqualify the trial judge after the judge stated at a bar association dinner that members of Dixon's ethnic group were chronically litigious. The statement manifested deep-seated antagonism formed outside the courtroom and required the judge to step aside under the rule prohibiting bias in judicial duties.
Demetrius Douglas testified for the prosecution. Defense counsel introduced evidence that Douglas belonged to a fraternal order whose bylaws required members to protect one another in legal proceedings. The court allowed the evidence to show Douglas's deep-seated favoritism toward the defendant and thereby impeach his credibility.
The bias must arise from an extrajudicial source rather than from the judge's rulings or exposure to evidence during the case itself.
Supporting sources
Yes. A court may admit evidence of settlement discussions when the purpose is to prove a witness's bias or prejudice rather than to establish liability.
Supporting sources
Insurance evidence is admissible when offered to prove a witness's bias or prejudice, even though it is inadmissible to show negligence or wrongful conduct.
Supporting sources
A judge must perform all duties of judicial office without bias or prejudice and must not manifest bias by words or conduct.
Supporting sources
…since the Fourteenth Amendment was adopted. Petitioners' § 5 argument is founded on an assertion that there is pervasive bias in various state justice systems against victims of gender-motivated violence. This assertion is supported by a voluminous congressional record. Specifically, Congress received evidence…