1-5.000
JUDICIAL DISQUALIFICATION
28 U.S.C. Sec. 455 deals with the disqualification of district court
judges and it states in part:
Any justice, judge, or magistrate, of the United States shall
disqualify himself/herself in any proceeding in which his/her impartiality
might reasonably be questioned.
See also 28 U.S.C. Sec. 144; Code of Judicial Conduct, Canon
3.C(1)(a).
28 C.F.R. Sec. 50.19 establishes procedures to be followed by all
government attorneys prior to filing a motion to recuse or disqualify a
judge. The regulations require the written approval of the Assistant
Attorney General of the appropriate division prior to filing or supporting a
motion to recuse or disqualify the judge, justice or magistrate. In cases
handled by a United States Attorney's Office, the views and recommendations
of the client agency should be submitted with the request for approval.
Approval or denial of such requests will be in writing. Oral
authorization will be given, and should only be sought, if the litigation
does not allow sufficient time to seek prior written approval. In such cases
the attorney in charge of the case is required subsequently to prepare and
submit to the Assistant Attorney General a written record fully reflecting
that authorization.
[cited in USAM 1-3.000]
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