(a) Discretionary recusal. A Judge may recuse themself from a proceeding whenever the Judge deems it appropriate.
(b) Mandatory recusal. A Judge shall recuse themself under circumstances that would require disqualification of a Federal judge under Canon 3(C) of the Code of Conduct for United States Judges, except that the required recusal may be set aside under the conditions specified by Canon 3(D).
(c) Request for recusal. Any party may request that the Judge, at any time following the Judge's designation and before the filing of a decision, be recused under paragraph (a) or (b) of this section or both by filing with the Judge, promptly upon the discovery of the alleged facts, an affidavit setting forth in detail the matters alleged to constitute grounds for recusal.
(d) Ruling on request. If the Judge finds that a request for recusal has been filed with due diligence and that the material filed in support of the request establishes that recusal either is appropriate under paragraph (a) of this section or is required under paragraph (b) of this section, the Judge shall recuse themself from the proceeding. If the Judge denies a request for recusal, the Judge shall issue a ruling on the record, stating the grounds for denying the request, and shall proceed with the hearing, or, if the hearing has closed, proceed with the issuance of a decision under the provisions of § 2200.90.
[84 FR 14558, Apr. 10, 2019, as amended at 87 FR 8949, Feb. 17, 2022]
Notes of Decisions
Cited in
12
cases (
12 in the last 5 years), 2023–2024 · leading case:
Clark v. Spitz Law Firm, LLC, No. 2:23-cv-04208 (S.D. Ohio Apr. 2, 2024).
Clark v. Spitz Law Firm, LLC, No. 2:23-cv-04208 (S.D. Ohio Apr. 2, 2024).
· cites it 3× “1 Plaintiff also cites 29 C.F.R. § 2200.68 (a) as one legal ground for recusal here.”
Clark v. CVS Health Pharmacy, Inc., No. 2:23-cv-04206 (S.D. Ohio Apr. 2, 2024).
· cites it 3× “1 Plaintiff also cites 29 C.F.R. § 2200.68 (a) as one legal ground for recusal here.”
Clark v. Littler Mendelson PC, No. 2:23-cv-04205 (S.D. Ohio Apr. 2, 2024).
· cites it 3× “1 Plaintiff also cites 29 C.F.R. § 2200.68 (a) as one legal ground for recusal here.”
Clark v. Williams, No. 2:23-cv-04201 (S.D. Ohio Apr. 2, 2024).
· cites it 3× “1 Plaintiff also cites 29 C.F.R. § 2200.68 (a) as one legal ground for recusal here.”
Clark v. Brown, No. 2:23-cv-04204 (S.D. Ohio Apr. 2, 2024).
· cites it 3× “1 Plaintiff also cites 29 C.F.R. § 2200.68 (a) as one legal ground for recusal here.”
Clark v. Phipps, No. 2:23-cv-04203 (S.D. Ohio Apr. 2, 2024).
· cites it 3× “1 Plaintiff also cites 29 C.F.R. § 2200.68 (a) as one legal ground for recusal here.”
Clark v. Villilio, No. 2:23-cv-04202 (S.D. Ohio Apr. 2, 2024).
· cites it 3× “1 Plaintiff also cites 29 C.F.R. § 2200.68 (a) as one legal ground for recusal here.”
McElroy v. Baker, No. 4:23-cv-00038 (S.D. Ga. May 5, 2023).
“6 (citing 29 C.F.R. § 2200.68 and Cannon 3(C) & (D) of the Code of Conduct for United States Judges).”
Schwarzer v. Shanklin, No. 4:18-cv-00434, 2023 WL 5250518 (E.D. Tex. Aug. 15, 2023).
“2 (citing 29 C.F.R. § 2200.68 and Cannon 3(C) of the Code of Conduct for United States Judges)).”
Hart v. McDermott, No. 2:23-cv-00503 (W.D. Wash. Aug. 4, 2023).
“) But Plaintiffs have 20 not shown that any knowledge of Judge Pechman related to the allegations in this matter is 21 22 2 Plaintiffs also raise 29 C.F.R. § 2200.68 as authority for their motion to recuse.”
Hart v. Janicki, No. 2:23-cv-00832 (W.D. Wash. Aug. 4, 2023).
“) But Plaintiffs have 20 not shown that any knowledge of Judge Pechman related to the allegations in this matter is 21 22 2 Plaintiffs also raise 29 C.F.R. § 2200.68 as authority for their motion to recuse.”
Hart v. Weyrich, No. 2:23-cv-00884 (W.D. Wash. Aug. 4, 2023).
“) But Plaintiffs have 20 not shown that any knowledge of Judge Pechman related to the allegations in this matter is 21 22 2 Plaintiffs also raise 29 C.F.R. § 2200.68 as authority for their motion to recuse.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.