Also known as: personal bias · personal prejudice · judicial bias · actual bias
Written by attorneys · grounded in primary & secondary sources — see below
A fixed attitude or opinion held by a judge toward a party or the party's lawyer that prevents impartial adjudication of the matter. The presence of such an attitude requires the judge to step aside from the proceeding.
Patricia Patel sued her former employer in federal court. Before trial, the assigned judge told a colleague that Patel was a chronic complainer whose claims always lacked merit. Patel moved for recusal. The judge's expressed view of Patel required disqualification because it demonstrated personal bias against her.
Philip Powell was convicted of racketeering. The sentencing judge later attended a private dinner hosted by Powell and mingled with guests known for organized-crime ties. A disciplinary complaint followed. The judge's voluntary association with the convicted defendant and his circle created an appearance of impropriety warranting discipline.
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A party must file a timely affidavit stating facts that would lead a reasonable person to conclude the judge harbors a fixed negative or favorable attitude toward the party or lawyer. The affidavit must be accompanied by a certificate of good faith from counsel.
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No. The Model Code prohibits waiver when the ground is personal bias or prejudice, even if the parties consent.
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No. The rule focuses on the existence of the attitude itself. Once shown, disqualification is mandatory regardless of whether the bias actually influenced any ruling.
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