The following excerpt is from At&T Mobility LLC v. Gen. Charles E. "chuck" Yeager, No. 2:13-cv-0007-KJM-DAD, No. 2:14-cv-2544 KJM DAD (E.D. Cal. 2015):
impartial," but judges must not "recuse themselves unless required to do so, or it would be too easy for those who seek judges favorable to their case to disqualify those that they perceive to be unsympathetic merely by publicly questioning their impartiality." Perry v. Schwarzenegger, 630 F.3d 909, 916 (9th Cir. 2011).
In addition to avoiding the appearance of partiality in general, certain specific circumstances also require recusal. See 28 U.S.C. 455(b); see also Preston v. United States, 923 F.2d 731, 734 (9th Cir. 1991) ("Section 455(a) covers circumstances that appear to create a conflict of interest, whether or not there is actual bias. Section 455(b) covers situations in which an actual conflict of interest exists, even if there is no appearance of one. Section 455(b) also describes situations that create an apparent conflict, because it provides examples of situations in which a judge's impartiality might reasonably be questioned pursuant to section 455(a)." (citation, emphasis, and quotation marks omitted)). For example, a judge must disqualify herself:
28 U.S.C. 455(b).
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