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28 U.S.C. § 144 — Bias or prejudice of judge

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 144 — Bias or prejudice of judge

Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding.

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Stable record: federal_law:legal_authorities:record_usc_e2cad1fc12666e89c9f049b8
Source file: Laws/federal/codes/united-states-code/title-28/section-144-bias-or-prejudice-of-judge--feb0e6a060.md
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Source location: Title 28, Chapter 5, § 144; chapter-005-district-courts.md

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Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 455 — Disqualification of justice, judge, or magistrate judge

**(a)** Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. **(b)** He shall also disqualify himself in the following circumstances: (1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding; (2) Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it; (3) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy; (4) He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding; (5) He or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person: (i) Is a party to the proceeding, or an officer, director, or trustee of a party; (ii) Is acting as a lawyer in the proceeding; (iii) Is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding; (iv) Is to the judge’s knowledge likely to be a material witness in the proceeding. **(c)** A judge should inform himself about his personal and fiduciary financial interests, and make a reasonable effort to inform himse

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 144 — Bias or prejudice of judge

Page 77 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 144 1 So in original. Does not conform to section catchline. Pub. L. 87–559, July 27, 1962, 76 Stat. 246, related to Decatur, Alabama. Pub. L. 87–553, July 27, 1962, 76 Stat. 222, related to Winchester, Tennessee. Pub. L. 87–551, July 27, 1962, 76 Stat. 221, related to Bridgeport, Connecticut. Pub. L. 87–337, Oct. 3, 1961, 75 Stat. 750, related to La- fayette, Louisiana. Pub. L. 87–36, § 3(g), May 19, 1961, 75 Stat. 83, related to Kalamazoo, Michigan; Fayetteville, North Carolina; and Dyersburg, Tennessee. Pub. L. 86–366, Sept. 22, 1959, 73 Stat. 647, related to Durant, Oklahoma. Act July 20, 1956, ch. 657, 70 Stat. 594, related to Bryson City, North Carolina. Act Sept. 23, 1950, ch. 1006, 64 Stat. 982, related to Klamath Falls, Oregon. Act Aug. 21, 1950, ch. 767, 64 Stat. 469, related to Newnan, Georgia. Act Aug. 10, 1950, ch. 675, § 2, 64 Stat. 438, related to Rock Island, Illinois. Act Oct. 26, 1949, ch. 744, 63 Stat. 923, related to Thomasville, Georgia. Act Oct. 26, 1949, ch. 740, 63 Stat. 921, related to Brunswick, Georgia. § 143. Vacant judgeship as affecting proceedings When the office of a district judge becomes va- cant, all pending process, pleadings and pro- ceedings shall, when necessary, be continued by the clerk until a judge is appointed or des- ignated to hold such court. (June 25, 1948, ch. 646, 62 Stat. 898.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 26 (Mar. 3, 1911, ch. 231, § 22, 36 Stat. 1090). The last clause of section 26 of title 28, U.S.C., 1940, ed., prescribing the powers of a designated judge was omitted as covered by section 296 of this title. Minor changes were made in phraseology. § 144. Bias or prejudice of judge Whenever a

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