DAILY WISCONSIN

Recusal

But more importantly, in the recusal area, the Court’s concern is not limited to the potential for a “quid pro quo.” Rather, the constitutional inquiry is directed to any circumstance in which a judge’s ability to be impartial might be questioned. Substantial and impactful campaign support can create a “debt of gratitude” that creates an unconstitutionally high appearance or risk of bias. But that’s not the only source of bias. The Court made clear that the due process clause requires“a realistic appraisal of psychological tendencies and human weakness,” to determine whether there is “such a risk of actual bias or prejudgment” that recusal is required.

Via Shark and Shepherd: Judge Kloppenburg’s Recusal Distinction Doesn’t Work.

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