due process
Below are Benchbook pages that are tagged with the keyword above.
This paper discusses the circumstances requiring the recusal of a judge from hearing a case. It reviews the Code of Judicial Conduct and appellate decisions on disqualification.
Keywords: Recusal, Disqualification, bias, prejudice, appearance of impropriety, election, due process
This paper reviews the court’s inherent authority to act when no procedure is provided by statute or rule to address the situation facing the court. It discusses the particular circumstances in which such inherent authority has been applied and also notes the limitations on the court’s power when it intrudes on legislative or executive authority.