Recusal Experts Back Peremptory Judicial Challenge

Law360 (December 10, 2009, 6:13 PM EST) -- Several legal experts suggested Thursday that U.S. lawmakers concerned about the judicial recusal process and judges' impartiality in the wake of the U.S. Supreme Court's ruling in Caperton v. A.T. Massey amend federal law to give litigants a peremptory judicial challenge.

Opinions at the hearing of the U.S. House Judiciary subcommittee on courts and competition policy ranged from U.S. Circuit Judge Margaret McKeown, who also chairs the Committee on Codes of Conduct for the U.S. Judicial Conference, telling legislators that a bevy of tools exists to make sure judges are impartial, to California attorney and ethics specialist Richard Flamm describing the...

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