THE PRICE OF JUSTICE: HOW THE CAPERTON STANDARD FOR JUDICIAL RECUSAL FELL SHORT, BUT OPENED THE DOOR FOR REFORM OF THE RECUSAL STANDARDS ANYWAY

Author: 

Marisa McGarvey

The role of a judge and his or her resulting discretion over a given case form a powerful and central feature of the legal system in the United States. While it is true that a case is “decided” by a jury, the judge who hears the matter still wields a substantial degree of control over the proceedings, including often having the final say over sentencing. Therefore, the mode in which a judge comes to exercise this type of influence is similarly important. In fact, “the question of how we choose our judges, whom we entrust to uphold and interpret our laws, speaks to foundational principles of our judicial branch . . . and our nation as a whole.” View More