Disqualification – in practice, a disqualification of a judge represents actual withdrawal due to various reasons. Usually, judges to it because have got personal interests in the case, bias or relation to a party to the lawsuit. Or recusal can occur because they are incompetent to hear/participate in the case. This act represents the actual application of the Latin principle “No one could be a judge in their own case” in practice. It participates in the modern legislation and process rule of most legal systems. Its role is t avoid the affection of fair justice. In practice, there can be also the withdrawal of lawyer (when representing two clients residing on opposite sides/opinions).

A synonym is “recusal”.

Posted in: D