Is the Stock Ownership Recusal Requirement Too Unforgiving?
Howard J. Bashman 05-08-2006 Related: Bashman Archive Under federal law, federal judges are precluded from presiding over any case in which the judge owns even one share of stock in a corporation that is a party to the case. In recent months, violations of this recusal provision have come to light for two U.S. District judges who were nominated to federal appellate judgeships. And The Washington Post published an article earlier this year reporting that various federal appellate judges have ruled in cases involving parties in which the judges owned stock. There are two central recusal principles applicable to all federal appellate and trial court judges. First, a judge should not preside over a case if the judge is actually biased in favor of or against a party to the proceeding. And second, a judge should not preside over a case if the judge’s impartiality might reasonably be questioned. In addition to these two central tenets of recusal law, there are various other recusal rules addr
