Recusal: A Request That Should Not be Made Lightly
The standard of review for recusal is “abuse of discretion.” Unlike other jurisdictions, there is no statutory or rule-based procedure for recusal in Pennsylvania.
June 11, 2019 at 01:47 PM
7 minute read
“Even though judges are presumed to be impartial arbiters and conscientious of potential biases and appearance of such, some practitioners express reservations that seeking recusal would be taken personally by the judge to the detriment of the client and counsel,” Lomas v. Kravitz, 170 A.3d 380, 392 (Pa. 2017) (J. Saylor, dissent).
“… A request for recusal 'should not be made lightly,'” (quoting Aetna Life Insurance v. Lavoie, 475 U.S. 813, 826-27 (1986). “A request for the disqualification of a trial judge is a most serious undertaking which should not be pursued absent thorough factual investigation and legal research,” see Lomas.
A request for recusal must be first made to the trial court and only thereafter upon appeal.
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