Legal Definitions - recusatio judicis

Definition: Recusatio judicis is a Latin term used in Ecclesiastical law to refer to the procedure and grounds by which a judge may be challenged and removed from hearing a case. The grounds for disqualification traditionally include:

• Great friendship or enmity with a party
• Close kinship to a party
• Acceptance of a bribe
• Previously giving counsel to a party
• Demonstrated ignorance of the law

A panel of three arbiters, chosen by the challenging party and the judge, decides whether the party's complaint has merit.

Example: If a judge is assigned to a case where they have a close personal relationship with one of the parties involved, they may be challenged through recusatio judicis. Similarly, if a judge has previously given legal advice to one of the parties, they may also be challenged. In both cases, the judge's impartiality may be called into question, and the challenging party may request that the judge be removed from the case.

Explanation: The examples illustrate how recusatio judicis can be used to ensure that a judge is impartial and unbiased in a case. If a judge has a personal relationship with one of the parties or has previously given legal advice to them, they may be more likely to favor that party in their decision-making. By allowing a challenging party to request the judge's removal, the legal system can ensure that justice is served fairly and without bias.