recuseren

Recuseren is the act of disqualifying a person from participating in a legal or official decision-making process due to potential bias or a conflict of interest. The goal is to preserve impartiality and maintain public trust in the integrity of proceedings.

The concept is used in various settings, including courts, administrative tribunals, arbitral panels, and other public bodies. It typically applies to decision-makers such as judges, jurors, or arbitrators, and may also involve other officials in a case. Grounds for recuseren commonly include a personal interest in the outcome, close family or business relationships with a party, prior involvement in related matters, financial stake, or any appearance of partiality or bias.

Procedures for recuseren vary by jurisdiction. Often a party to proceedings or the official themselves can file a motion for recuseren. The standard of review may focus on actual bias or, in many systems, on whether a reasonable observer would question the impartiality of the person in question (appearance of bias). The decision is usually made by the presiding judge, another judge, or an appellate or supervisory body. If granted, the implicated official withdraws, and a substitute is assigned; if denied, the proceedings continue, with possible appeals.

Differences exist between jurisdictions; some use the terms recusal, disqualification, or challenge for cause with slightly different rules. The practice intersects with general principles of conflict of interest and judicial impartiality, and it emphasizes maintaining legitimacy and fairness in decision-making processes. See also conflicts of interest, impartiality, and adjudicatory procedure.