Recuse Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Recuse, written in plain English, along with examples of how it is used.

What is Recuse?

(v) Recuse is act by which a judge or prosecutor refuses to hear the case or present the case, when his interests are conflicted in the case barring him from a neutral stand, and when one of the party requests for change of such judge or prosecutor

History and Meaning of Recuse

Recuse is a term that originated in French (recuser) during the medieval times, which meant to refuse or challenge. In modern legal terms, recuse means disqualifying oneself from involvement in a legal matter due to a conflict of interest or a bias. Judges, jurors, and attorneys can recuse themselves from a case if they have an interest in the case or any personal relationship that may affect their ability to make an impartial decision.

Examples of Recuse

  1. A judge who is presented with a case involving their family member or a friend should recuse themselves from the case.
  2. An attorney who has represented one of the parties in the past and has a conflict of interest should recuse themselves from representing them in that particular case.
  3. A juror who knows one of the parties involved in a case should recuse themselves from serving as a juror.

Legal Terms Similar to Recuse

  1. Disqualification: This term means to be disqualified from participating in a legal or professional matter due to a conflict, bias, or incapacity.
  2. Challenge: This term means to object to a selection or decision because of a potential conflict or bias.
  3. Impartiality: This term refers to individuals who are unbiased, fair, and cannot be swayed by personal interest or favoritism.