TITLE

A LOOK AT THE EXTRAJUDICIAL SOURCE DOCTRINE UNDER 28 U.S.C. § 455

AUTHOR(S)
Citera, Toni-Ann
PUB. DATE
March 1995
SOURCE
Journal of Criminal Law & Criminology;Spring95, Vol. 85 Issue 4, p1114
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This article discusses the case Liteky v. United States, in which the U.S. Supreme Court held that 28 U.S.C. § 455(a), which provides that a judge shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned, is subject to the limitation of the extrajudicial source doctrine. The U.S. Supreme Court determined that the absence of the word personal in § 455 does not preclude the doctrine's application. In reaching this conclusion, the U.S. Supreme Court reasoned that the textual basis for the application of the doctrine to § 455(a) is the pejorative connotation of the words bias or prejudice, which indicates a predisposition that is wrongful or inappropriate. The source of bias is one factor a judge should consider in recusal. It is argued in this article that the U.S. Supreme Court, by subjecting § 455(a) to the limitation of the extrajudicial source doctrine, ignored the plain language and the legislative history of this statute. The inconsistencies in the U.S. Supreme Court's decision were also examined after examining the history of the 1974 amendments to § 455 and the split in the circuits deciding this issue. Finally, this article proposes that the standard for all allegations of an apparent fixed predisposition, extrajudicial or otherwise, follows from the statute itself: whether the charge of lack of impartiality is grounded in facts that would create a reasonable doubt concerning the judge's impartiality, not in the mind of the judge, or the litigant filing the motion under 28 U.S.C. § 455, but rather in the mind of a detached, objective observer.
ACCESSION #
9509083963

 

Related Articles

  • HISTORY OF AND PROBLEMS WITH THE FEDERAL JUDICIAL DISQUALIFICATION FRAMEWORK. Flamm, Richard E. // Drake Law Review;Spring2010, Vol. 58 Issue 3, p751 

    The article scrutinizes the judicial system in the U.S., giving emphasis on federal judicial disqualification law. It also offers the history of judicial disqualification law and the problems arises following several cases including Caperton v. A.T. Massey Coal Co., Berger v. United States and...

  • Supreme Court Cases. Baker, Lisa A. // FBI Law Enforcement Bulletin;Oct2006, Vol. 75 Issue 10, p24 

    The article discusses several U.S. Supreme Court cases from 2005-2006. In the Georgia v. Randolph case, the supreme court ruled that when officers are faced with a situation wherein two parties may provide consent to search premises they share but one objects over the other's, they must adhere...

  • Fatal Decision.  // Time;5/17/1971, Vol. 97 Issue 20, p86 

    The article discusses several pending court cases related to murder in the Supreme Courts of different states of the U.S. It focuses on the case of Luis Jos Monge who is convicted of murdering his pregnant wife and three of their seven kids. Another case is of Dennis McGautha of Los Angeles,...

  • The Supreme Court of the United States.  // Congressional Digest;Feb26, Vol. 5 Issue 2, p67 

    The article focuses on current decisions of the U.S. Supreme Court which are of general public interest. In the case Perry Browning et al. v. E.M. Hooper et al., the Supreme Court reversed the decree of the lower court dismissing the complaint. It concluded that where a local improvement...

  • Supreme Court Review.  // Labor Law Journal;Nov84, Vol. 35 Issue 11, p721 

    This section lists employment discrimination cases that will be reviewed by the U.S. Supreme Court as of November 1984.

  • Inside the Supreme Court.  // Supreme Court Debates;Jan2004, Vol. 7 Issue 1, p2 

    Provides the status of key cases granted certiorari by the U.S. Supreme Court for consideration during the October 2002 term and the October 2003 term, as of December 10, 2003. "Senator Mitch McConnell, et al. v. Federal Elections Commission, et al"; "Arizona v. Rodney J. Gant"; "Raytheon Co....

  • THE JUDICIAL BRANCH.  // World Almanac for Kids;2003, p254 

    The highest court in the United States is the Supreme Court. It has nine justices who are appointed for life by the president with the approval of the Senate. Eight of the nine members are called associate justices. The ninth is the chief justice, who presides over the Court's meetings. The...

  • The ADA and Professional Sports--Golfer's Drive May Land in Supreme Court. Zachary, Mary-Kathryn // Journal of Employment Discrimination Law;Summer2000, Vol. 2 Issue 3, p209 

    The article presents information about a probable lawsuit against a drive by golfers. Big-time sports are however; big-time business, and many people have an interest in legal developments in them, whether as individuals who are employed by sports-affiliated companies or as individuals who are...

  • THE JUDICIAL BRANCH: THE SUPREME COURT.  // World Almanac for Kids;2002, p257 

    The highest court in the United States is the Supreme Court. It has nine justices who are appointed for life by the president with the approval of the Senate. Eight of the nine members are called associate justices. The ninth is the chief justice, who presides over the Court's meetings. The...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics