9.1.2 Challenge for Removal

• Library: Criminal Procedure in Practice (ABA) (2018 Ed.)

9.1.2 Challenge for Removal

In many jurisdictions, both parties are given the right to have a judge removed without a demonstration of bias. In the federal system, a party may allege and prove bias to remove a judge.⁴ In an affidavit, counsel lays out the facts and reasons supporting the contention that there is bias. The judge in question then evaluates the contention under an objective standard. If a reasonable, disinterested observer questions the judge's ability to be impartial, the judge should disqualify herself.⁵ A judge's involvement with the defendant outside of the trial at issue does not, however, automatically disqualify the judge. Removal is appropriate only if a showing is made that the judge possesses "a high degree of favoritism" or...