recuse

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recuse

Post by tony h » Wed Jun 05, 2019 9:19 pm

The judge should recuse.

Not a word I had remembered coming across. But, so says the OED, it is mainly USA and South Africa.


It means , in this case, that the judge should stand down because of a conflict of interest.
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Re: recuse

Post by Phil White » Fri Jun 07, 2019 7:28 pm

As far as I am aware, the correct usage is reflexive: "The judge should recuse himself."

The transitive use is very rare and means that a person challenges a judge to stand down: "He recused the judge."
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Re: recuse

Post by tony h » Sun Jun 09, 2019 8:16 am

Phil White wrote:
Fri Jun 07, 2019 7:28 pm
As far as I am aware, the correct usage is reflexive: "The judge should recuse himself."

The transitive use is very rare and means that a person challenges a judge to stand down: "He recused the judge."
From the OED
2. transitive.
a. To reject or renounce (a person, authority, judgment, etc.); (Law) to object to (a judge or other legal officer) as prejudiced. Also occasionally intransitive.

b. reflexive. Law (chiefly North American and South African). Of a judge, juror, etc.: to disqualify oneself from adjudication on the grounds of a possible conflict of interest. Also occasionally intransitive.


I was interested to note that the reflexive was "chiefly North American" which may be why, with their litigious nature, it seems more common. I suspect the transitive is found less frequently in the public domain. From my bar room barrister ; to be recused is considerably more embarrassing, showing a lack of personal judgement, than to recuse oneself which shows integrity and professionalism.

In the recent Boris Johnson case I have read:
1. The submission from his legal team "recused the judge on the basis of her previously published comments"
2. High Court judge on duty was Justine Thornton QC, the former Labour leader's wife, had to recuse herself from presiding over the case due to her political connection.
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Re: recuse

Post by Phil White » Sun Jun 09, 2019 10:38 am

OED: QED
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