To Judge or Not to Judge? Judge Shopping, Recusal & Judicial Defendants

Abstract

This article examines litigants’ attempts at judge shopping through the use of recusal motions and by filing lawsuits against the judge in the proceeding. It then looks at the unusual occurrence when a judge presides over a case where they are a party and when recusal may or may not be required. The article then examines the 'Rowin' and 'Scheehle' standards developed for when litigants sue every judge in a particular court, and the ultimate example of judge-shopping found in 'Turner v. American Bar Association'. The article concludes that the balance represented in the 'Snegriev' Standard is required to maintain judicial impartiality and fundamental fairness.

Keywords: Recusal, judge shopping, judicial, litigation