Inappropriate recusals

Abstract

This article examines the problem in common law jurisdictions of judicial recusals for inappropriate, wrong or inadequate reasons. It will be argued that there are circumstances in which it would be wrong or inappropriate for an adjudicator to recuse himself or herself, that recusals are inappropriate when not objectively justified, or when employed for improper purposes, and that inappropriate recusals are potentially damaging to the justice system. It will thus be submitted that adjudicators need to adopt a robust approach in the application of the relevant recusal standards, and ought to resist the temptation to succumb to the pressure to recuse themselves if, viewed objectively, and apart from their own feelings, there is no valid ground for recusal.