Judicial Disclosure and Disqualification: The Need for More Guidance

Abstract

Important provisions of the 2007 American Bar Association Code of Judicial Conduct relate to impermissible conflicts of interest. Two key issues relate to judicial disclosure to the parties about potentially disqualifying conditions, and the type of disqualifying conditions that can lead to the judge's disqualification or the imposition of disciplinary sanctions for the judge's failure to disqualify. For both, the Code standards should provide more guidance to maintain the belief of litigants and the public in the integrity of the judicial system.

Keywords: American Bar Association Code of Judicial Conduct, judicial disclosure

JEL Classification: K4