What does recusation mean?
Recusation is the legal process by which a judge, juror, or other official is challenged or removed from a case because of possible bias, conflict of interest, or another improper connection to the matter. The term may refer either to the formal objection itself or to the resulting disqualification. Recusal is intended to preserve the appearance and reality of impartial decision-making, particularly in courts and official investigations. A judge may sometimes recuse themselves, while other parties can request or formally move for the disqualification. Although most often discussed in judicial proceedings, the word can also apply to commissioners, panel members, and officials conducting administrative or disciplinary hearings. Its precise availability and procedural requirements depend on the legal system and type of proceeding.
nounA formal objection to a judge, juror, or other official on the grounds that they may be biased or improperly interested in the case. Recusation is the request or procedure by which such a person is disqualified from participating.
- The legal challenge to a judge, juror, or other official on the ground that the person may be biased or have an improper interest in the case.
- The resulting disqualification or removal of that person from participation in the proceedings.
"The judge recused himself after learning that he had previously represented one of the parties."
"The defense filed a motion for recusal, arguing that the judge had a conflict of interest."
"Her recusal from the inquiry ensured that the investigation could proceed without questions about impartiality."
The plural is used when referring to multiple challenges, disqualifications, or instances of judicial recusal.
"The report documented several recusals after conflicts of interest became known."
In law, a recusal is the formal way of saying: “This judge should not decide this case.”
Reviewed by Deb Chak, Editor. AI-assisted content curated by RJS Tech Solutions LLP.
Where does recusation come from?
Recusation comes from Latin recusatio, a noun formed from recusare, meaning to refuse, reject, or object to. In legal usage, the word developed from the idea of objecting to a person or authority as improper or unacceptable. Related English forms include recuse, recusant, refuse, and reject, all reflecting the same Latin root.
Related word forms
How recusation is actually used
This is chiefly a legal term, especially used in judicial and regulatory proceedings. In the United States, recusal commonly refers to a judge voluntarily removing herself or himself; it can also be the subject of a formal motion.
Easily confused with recusation
Recusal is the noun referring to the formal objection or disqualification, while recuse is the verb meaning to challenge or remove someone from participation in a case.
Refuse generally means to decline or reject something, whereas recusation specifically concerns a formal legal objection based on alleged bias or conflict of interest.