Avoiding the Appearance of Judicial Bias: Allowing a Federal Criminal Defendant to Appeal the Denial of a Recusal Motion Even after Entering an Unconditional Guilty Plea

Pridgen, Nancy B., Vanderbilt Law Review

I. INTRODUCTION

One of the most fundamental social interests is that law shall be uniform and impartial. There must be nothing in its action that savors of prejudice or favor or even arbitrary whim or fitfulness.l

A suspect is charged with a federal crime, obtains legal counsel, and finds out who his judge will be. Because of a prominent rumor circulating in the community that the defendant once had an affair with the judge's wife,2 the defendant questions the judge's ability to be fair with him. He and his counsel file a timely3 motion for recusal under 28 U.S.C. sec455(a).4 The judge promptly denies the motion with little to no comment. Discouraged, and now worried, …

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Publication information: Article title: Avoiding the Appearance of Judicial Bias: Allowing a Federal Criminal Defendant to Appeal the Denial of a Recusal Motion Even after Entering an Unconditional Guilty Plea. Contributors: Pridgen, Nancy B. - Author. Journal title: Vanderbilt Law Review. Volume: 53. Issue: 3 Publication date: April 2000. Page number: 983+. © Vanderbilt Law Review Jan 2009. Provided by ProQuest LLC. All Rights Reserved.

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