recuse

Recuse is a verb meaning to withdraw oneself from participation in a decision or proceeding because of a potential conflict of interest, bias, or other factors that could impair impartiality. The noun form is recusal, and related concepts include disqualification, which can be mandatory or required by rule rather than voluntary recusal. The word derives from French recuser, from Latin recusare, meaning to refuse.

In legal contexts, recusal commonly applies to judges, jurors, prosecutors, and other officials involved in a case. Recusal may be voluntary, based on the official’s assessment of an appearance of impropriety, or it may be compelled by statute, court rule, or ethical guidance. Grounds include a financial interest in the outcome, prior personal involvement with the parties or claims, familial or close personal relationships, or any situation that could reasonably raise doubt about neutrality.

Procedure typically involves a formal request or motion for recusal. The official in question may voluntarily step aside, or a court may order recusal. If recusal occurs, the matter is reassigned to another eligible official to preserve due process and public confidence. In some situations, a failure to recuse can be challenged on appeal or through complaints to oversight bodies, potentially leading to remedies such as reversal or retrial.

Recusal highlights the balance between the right to a fair process and the practicalities of administering justice. It underscores the importance of avoiding actual bias and the appearance of impropriety in decision-making bodies. See also: disqualification, conflict of interest, voir dire.