Bias

• Author: Jeffrey Lehman, Shirelle Phelps

Page 24

A predisposition or a preconceived opinion that prevents a person from impartially evaluating facts that have been presented for determination; a prejudice.

A judge who demonstrates bias in a hearing over which he or she presides has a mental attitude toward a party to the litigation that hinders the judge from supervising fairly the course of the trial, thereby depriving the party of the right to a fair trial. A judge may RECUSE himself or herself to avoid the appearance of bias.

If, during the VOIR DIRE, a prospective juror indicates bias toward either party in...