Recusal on appeal.

• Date: 22 March 2005

PREFACE

When should an appellate judge consider recusal from participation in an assigned case? Are mandated recusals automatic? Enforceable? Who decides when the appearance of impropriety requires recusal? Are there circumstances in which the role of necessity overrides a role suggesting disqualification?

The three essays that follow illuminate these and other questions. They address the issues in depth, but with clarity that makes for excellent, thought-provoking reading.

I venture to add to this discussion the...