Topic: a district court's decision on a motion for recusal is revi… · Go Syfert
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Topic #10551

8 canonical passages across 8 cases, quoted by 36 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Rath v. Rath.

#Case FlagCanonical passage Citers
1 Rath v. Rath Anchor
nd · 2013
green “a district court's decision on a motion for recusal is reviewed under the abuse of discretion standard.” 6
2 McGhee v. Mergenthal
nd · 2007
neutral “a court abuses its discretion if it acts in an arbitrary, unreasonable, or unconscionable manner, its decision is not the product of a rational mental process leading to a reasoned determination, or it misinterprets or misapplies the law.” 5
3 Rath v. Rath
nd · 2018
green “although a judge has a duty to recuse when required by the code of judicial conduct, a judge also has an equally strong duty not to recuse when the circumstances do not require recusal.” 5
4 Spence v. North Dakota District Court
nd · 1980
green “superintending control is an extraordinary power which will be exercised on behalf of a litigant only under circumstances that are tantamount to a denial of justice.” 4
5 Datz v. Dosch
nd · 2014
green “a judge is expected to recuse herself whenever her impartiality might reasonably be questioned by an objective observer, or when a litigant demonstrates that a reasonable person who knew the circumstances of the case would question the judge's impartiality under an objective sta…” 4
6 Abell v. Oliver
kyctapp · 2003
green “could clearly raise a reasonable question as to the judge's impartiality in this case” 4
7 Edison v. Edison
nd · 2023
green “the judge's knowledge of and insight regarding the case and parties will be lost if a new judge is assigned.” 4
8 State v. Thornton
nd · 2024
neutral “our authority to issue a supervisory writ is discretionary.” 4

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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