Can you ask a federal judge to step aside?

Yes, but only in defined situations. Federal law, 28 U.S.C. section 455, requires a judge to disqualify in any proceeding where the judge's impartiality might reasonably be questioned, and in specific cases such as a financial stake in a party or earlier work on the same matter. A separate statute, section 144, lets a party file an affidavit of personal bias. Disagreeing with a ruling does not meet either standard.

What section 455 requires

Section 455 puts the duty on the judge. Subsection (a) is the broad rule: a justice, judge or magistrate judge of the United States shall disqualify himself or herself in any proceeding in which impartiality might reasonably be questioned. Subsection (b) adds specific situations, and the judge must step aside in each one:

• the judge has a personal bias or prejudice concerning a party, or personal knowledge of disputed facts about the proceeding
• the judge, in private practice, served as a lawyer in the matter, or a lawyer the judge practiced with did so during that association, or the judge or that lawyer was a material witness
• the judge, in government service, took part as counsel, adviser or material witness, or expressed an opinion on the merits of the case
• the judge, or a spouse or minor child living in the household, has a financial interest in the subject matter or in a party, or any other interest the outcome could substantially affect
• the judge, the judge's spouse, or a person within the third degree of relationship to either is a party or officer of a party, acts as a lawyer in the case, has an interest the outcome could substantially affect, or is likely to be a material witness

The statute defines a financial interest as ownership of a legal or equitable interest, however small, with listed exceptions. For example, holding shares through a mutual fund is not a financial interest in the fund's securities unless the judge takes part in managing the fund.

Section 455 also says a judge should inform himself or herself about personal and fiduciary financial interests, and make a reasonable effort to learn about the interests of a spouse and minor children living at home. If a conflict appears only after a judge has put substantial time into a case, subsection (f) allows the judge to stay if the financial interest is divested.

What section 144 adds

Section 144 applies in district courts. A party files a timely and sufficient affidavit stating that the judge has a personal bias or prejudice against the party or in favor of an adverse party. The affidavit must state the facts and reasons for the belief. It must be filed not less than ten days before the beginning of the term at which the proceeding will be heard, unless the party shows good cause for filing later. A party may file only one such affidavit in a case, and counsel of record must certify that it is made in good faith.

If the affidavit is timely and sufficient, the judge proceeds no further and another judge is assigned. The statute requires facts and reasons, so an affidavit that only states a conclusion that the judge is biased will not do.

What does not qualify

The Supreme Court addressed this in Liteky v. United States, 510 U.S. 540 (1994). It said judicial rulings alone almost never constitute a valid basis for a bias or partiality motion. A judge who denies your motion, rules against you repeatedly or speaks sharply has not by that alone shown disqualifying bias. The usual remedy for a ruling you think is wrong is an appeal.

That does not mean a motion never succeeds. A judge's financial holding in a party, a prior role in the same matter, or a family relationship with a lawyer or party are the kinds of facts the statute names. Facts of that type, supported by documents, are what a motion should rest on.

How to check for a conflict

You can look for recusal facts before you file:

1. Financial disclosures. Federal judges file annual disclosure reports. Free Law Project hosts a searchable collection built from more than 250,000 pages of those forms.
2. Party disclosures. Under Federal Rule of Civil Procedure 7.1, a nongovernmental corporate party must file a statement identifying any parent corporation and any publicly held corporation owning 10 percent or more of its stock, or stating that there is none.
3. The judge's background. The Federal Judicial Center directory lists prior careers, which can show a link to a firm or agency in your case. See how to research a federal judge.
4. The docket. Check whether the judge has already ruled on related matters involving the same parties.

Write down what you find and keep the source document. A motion that cites an exhibit is far stronger than one that cites a suspicion.

Waiver and timing

Parties cannot waive the specific grounds in subsection 455(b). A judge may not accept a waiver of those. For the general impartiality ground in subsection (a), a waiver can be accepted only after a full disclosure on the record of the basis for disqualification.

Raise a conflict as soon as you learn of it. Many courts expect a recusal motion to be timely and can deny a late one, and section 144 has its own filing window. Check your court's local rules and the judge's posted procedures for how to present the motion, and ask a lawyer if the stakes are high.

State courts

State rules are different. California's disqualification rules, for example, are in Code of Civil Procedure sections 170.1 and following, and they include a separate peremptory challenge. Our California county courts guide covers where to start.

JudgeFinder shows a federal judge's court and docket counts from CourtListener. It does not flag conflicts or rate bias. Use the judge directory to find a judge, then check disclosures and the statute above.

Frequently asked questions

Can I ask a judge to recuse because I disagree with a ruling?

Rulings alone almost never support a recusal motion. In Liteky v. United States the Supreme Court said judicial rulings alone almost never constitute a valid basis for a bias or partiality motion. The usual remedy for a wrong ruling is an appeal.

What is the difference between section 455 and section 144?

Section 455 is a duty on the judge, who must disqualify in the situations it lists, and a party can raise it by motion. Section 144 lets a party in a district court file an affidavit of personal bias or prejudice, with a certificate of counsel that it is made in good faith, and only one affidavit per case.

Can the parties agree to waive a conflict?

Only for the general impartiality ground, and only after the judge fully discloses the basis on the record. A judge may not accept a waiver of the specific grounds in section 455(b), such as a financial interest or personal bias against a party.

How do I find out whether a judge owns stock in a party?

Read the judge's financial disclosure reports, which Free Law Project hosts in a searchable collection, and the corporate disclosure statements parties file under Federal Rule of Civil Procedure 7.1.

Sources

1. 28 U.S.C. section 455: Disqualification of justice, judge, or magistrate judge
2. 28 U.S.C. section 144: Bias or prejudice of judge
3. Liteky v. United States, 510 U.S. 540 (1994)
4. Federal Rule of Civil Procedure 7.1: Disclosure statement
5. Free Law Project: Datasets (judge financial disclosures)

Keep reading

• How to research a federal judge before your case
• California county courts: find your judge
• What judicial ratings mean, and which ones exist

General information from public sources, not legal advice. Rules differ by court and change. Check the court's current rules or ask a lawyer. See federal judge records and the data notes.