Opinion · Supreme Court of the United States

Mitsui Shintaku Ginko K. K., Tokyo v. Dodge

48 L. Ed. 2d 188

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1976-04-19
Topic
general

holding that disqualification on the basis of bias or prejudice or lack of impartiality should focus on the party rather than counsel | judge not required to recuse himself due to acquaintanceship between plaintiff and judge, and fact that plaintiff had supported judge's nomination to the bench | Section 144 and new section 455 are to be construed in pari materia and same substantive test of bias would be applied. | controversy between lawyer and judge over the propriety of the lawyer’s use of a class action device did not suggest bias against the client | vessel owner negligent when longshoreman slipped and fell on snow allowed to accumulate on deck of ship | vessel owner negligent when longshoreman slipped and fell on snow allowed to accumulate on deck of ship | office of § 144 procedure is to disqualify a judge prior to trial on motion of a party; § 455 is statutory standard for judicial self-disqualification | the fact that judge was acquainted with witnesses and defense counsel did not require recusal | controversy between lawyer and judge over the propriety of the lawyer’s use of a class action device did not suggest bias against the client | fact that allegedly prejudicial information is learned in a judicial rather than a personal capacity is “relevant” to the analysis of the appearance of impropriety | bias-in-fact standard governs all motions to disqualify under sections 144, 455(b)(1) and 455(a) | bias-in-fact standard governs all motions to disqualify under sections 144, 455(b)(1) and 455(a) | also referred to as the “pervasive bias exception” to the extrajudicial source rule

Citator

Cited by
126 opinions

C. A. 9th Cir. Motions of Pacific Merchant Shipping Assn, and American Institute of Merchant Shipping for leave to file briefs as amici curiae granted. Certiorari denied.