Judicial disqualification

Judge’s face constant challenges in their field of work given that they need to balance their professional and social relationship with prosecutors that appear in front of them in court. These relationships raise ethical questions for they might affect a judge’s decision making and rationality in the outcome of a specific case, however such relationships are not only acceptable, but common for lawyers and judges to socialize outside the courtroom. The line is drawn when the relationship are more than friendship. These lines are discussed clearly in Cynthia Gray’s “Judicial Disqualification and Friendships with Attorneys”.

In her judicial journal, Gray describes that although a social association with an attorney does not necessarily raise reasonable questions about a judge's impartiality, a personal relationship may be so close that the judge is required to disclose the connection when that attorney appears in a case and may even be so significant that the judge is required to disqualify. She states that there is “no easy litmus test” in looking at cases of such manner, many aspects help analyze the relationship involved starting with the nature and degree of their social interaction to the frequency in which a lawyer or an attorney appears before the judge. Yet whatever the nature of the relationship might be, a judge might not be required to disqualify himself from the case, but is forced to disclose the relationship to all interested parties. Even if a judge is confident that he/she can make a rational ruling in a case, the public are not aware of the judge’s subjective feelings, and therefore, the judge must step back and try to evaluate the relationship objectively through other people’s perspective.

Logically, an attorne...

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...to the judge’s continued participation in the case.

Complete separation of a judge from extrajudicial activities is neither possible nor wise; a judge should not become isolated from the community in which the judge lives. Disqualification should not be used as a strategic move, it is there to guarantee the right of the defendant or prosecutor. If a judge is subject to disqualification, a polite suggestion is appropriate without a formal motion or hearing to maintain an appropriate relationship between the attorney and judge in this sort of profession. While practicing law, a judge should maintain those relationships and social interactions however both should stay mindful of the standards and principles described above that would have any impact or influence on the outcome of a case. Disqualification is a vital safeguard to the preservation of judicial neutrality.