Prof. Bryan Fair says there are few fixed rules to guide judges when a conflict of interest question arises.
Factors other than a judge’s prior association could cause a judge to recuse himself from a case. For example, sometimes a judge may decide he will not to preside over cases in which litigants have spent a large amount of money supporting or opposing his campaign.
“It has to be a fairly egregious case,” Fair said. “I’m not aware of a clear standard. Judges have a fair amount of discretion.”
For more, read “Did Justice Tom Parker’s Past Affiliation With Gay Marriage Litigant Represent Conflict Of Interest?”
