The law of judicial reassignment is not frequently invoked. However, when reassignment is an issue, it is important, both to the parties and to the judge involved. Reassignment occurs when a court of appeals directs that, on remand to the district court, the case be reassigned to another district judge. Like recusal, this may occur on motion or sua sponte. Reassignment presents problems for both litigators and judges, and this article proposes a legislative solution. We propose a “two strikes” rule with a presumption in favor of reassignment, and that the legislature eliminate the balancing of judicial economy when considering the appearance of justice.
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