Also known as: disqualify · disqualifies · disqualified · disqualifying · ineligibility
Written by attorneys · grounded in primary & secondary sources — see below
A condition or circumstance that renders a person ineligible to serve in a judicial, legal, or official capacity because of bias, a conflict of interest, or another impediment to impartial performance of duties.
During a federal criminal trial, one seated juror revealed a personal relationship with a key witness that created an appearance of bias. The court replaced that juror with an alternate who had been selected and sworn under the same standards. The trial proceeded without interruption or mistrial.
Destiny Davis appeared as counsel for the plaintiff in a contract dispute. The presiding judge had appointed Davis as campaign treasurer during his recent election. The judge stepped aside because the relationship would cause a reasonable observer to question impartiality.
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Damian Decker left a firm that had represented Drake Logistics in a prior matter substantially related to a new dispute. The new firm screened Decker and obtained written consent from the affected client under the conditions of Rule 1.7. The court allowed the firm to continue representation.
A federal judge issued a judgment in a case involving a university while serving as a trustee negotiating with the same institution. After the decision, the conflict came to light. The appellate court vacated the judgment because the objective standard of impartiality had been violated.
A former government lawyer joined a private firm possessing confidential information about Dominion Capital acquired during public service. The firm screened the lawyer from the matter and provided prompt written notice to the agency. Representation of the adverse private client proceeded without violation.
Dylan Duffy served as campaign manager for the defendant in a civil suit. The assigned judge had been supported by Duffy in that same election. The judge was removed from the case because the central campaign relationship created an unavoidable appearance of partiality.
A judge subject to disqualification other than for personal bias or prejudice may disclose the basis on the record and ask the parties to consider waiver. If the parties and lawyers agree without the judge's participation, the judge may continue. The agreement must be placed on the record.
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When a lawyer moves laterally and is disqualified under Rule 1.9, the new firm may avoid disqualification by timely screening the lawyer from participation and fees. Written notice to the affected client or agency is also required in government cases.
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The objective standard of 28 U.S.C. § 455(a) requires recusal when impartiality might reasonably be questioned. Post-judgment discovery of a disqualifying interest can lead to vacatur if the violation is neither harmless nor trivial.
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No. Ordinary contributions or volunteer work do not trigger automatic disqualification. Only a close relationship such as campaign manager or treasurer creates a per se basis for removal because it raises an unavoidable question of impartiality.
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