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RECUSAL OF JUDGES

Why does a judge recuse?

  • If a judge has a conflict of interest, they may retire from the hearing to avoid imprinting prejudice in the decision-making process.
  • Conflicts of interest can take many forms, from owning shares in the defendant company to having a pre-existing or personal relationship with the party involved in the case.

Do the judges give reasons for withdrawal?

  • As no legal rules govern the process, it is often left to individual judges to write reasons for withdrawal. 
  • Some judges revealed reasons in open court; in some cases, the grounds are apparent.

What is the withdrawal process?

  • The decision to recuse usually comes from the judge himself, as it depends on the judge's conscience and judgment to disclose any potential conflicts of interest.
  • In some cases, the attorneys or the parties to the case have filed it before the judge.
  • If the judge withdraws, the case is added to the Chief Justice's list to be assigned to the new Bench.

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