When will a judge be disqualified from adjudicating a matter?

California, United States of America


The following excerpt is from Olson v. Cory, 164 Cal.Rptr. 217, 27 Cal.3d 203, 609 P.2d 991 (Cal. 1980):

We consider first whether we may hear and adjudicate the cause, recognizing each member of this court is financially interested in the outcome. The rule of necessity provides that a judge is not disqualified from adjudicating a cause because of personal financial interest if there is no other judge or court available to hear and resolve the cause. (See Atkins v. United States (1977) 556 F.2d 1028, 214 Ct.Cl. 186.) It is immediately apparent that all California judges have at least an involuntary financial interest in this case. To disqualify one would disqualify all, depriving them and their surviving spouses of opportunity to litigate their case. This court as now constituted is qualified to hear and determine the issues before us.

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