Also known as: disqualification motion · disqualify · disqualified · disqualifying · recusal motion · recusal motions
Written by attorneys · grounded in primary & secondary sources — see below
A procedural request to remove a judge, attorney, or juror from a proceeding based on actual or apparent bias, conflict of interest, or other statutory grounds. The motion triggers an objective inquiry into whether continued participation would undermine fairness or public confidence in the outcome.
During a federal criminal trial, one seated juror falls ill and cannot continue. The court impanels an alternate who meets the same qualifications and has been sworn in the same manner. The replacement allows the trial to proceed without mistrial.
A judge learns that her spouse's sibling is counsel for one party in a pending case. The judge discloses the relationship on the record and steps aside after the parties decline to waive the issue. A new judge is assigned to preserve impartiality.
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A lawyer who previously obtained confidential government information about a company while serving as a regulator now seeks to represent a competitor adverse to that company. The lawyer is screened from the matter and receives no fee share. The new firm may continue representation after proper notice to the agency.
A federal judge issues a ruling in a case involving a university where he serves as trustee. After judgment, the conflict surfaces. The appellate court vacates the decision because an objective observer would question impartiality, even without proof of actual bias.
A lawyer receives confidential details from a prospective client during an initial consultation. The lawyer later joins a firm representing an adverse party in the same matter. The entire firm is barred from the representation unless the affected parties give informed written consent.
A party's campaign treasurer appears as counsel in a case before the judge the treasurer helped elect. The judge is automatically removed because the close political relationship would cause a reasonable observer to doubt impartiality.
The motion succeeds if the judge's impartiality might reasonably be questioned by an objective observer, even without proof of actual prejudice. Disclosure on the record followed by party consent can sometimes cure the issue.
Yes. Timely screening of the disqualified lawyer from participation and fee apportionment, plus prompt written notice to the affected agency, allows the firm to continue the representation.
No. Vacatur is warranted only when the violation is neither harmless nor trivial and undermines public confidence. An objective standard governs the inquiry.
Automatic disqualification occurs when the judge's campaign manager, treasurer, or similarly central official appears as party or counsel. Ordinary contributors or volunteers do not trigger the same per se rule.