Just as a court is required to recuse itself to avoid impropriety, so should a judge remain on a case when a party seeks an unfair advantage by pushing for judicial recusal.

Judicial recusal is governed in New Jersey by case law, the Code of Judicial Conduct and the Rules of Court. A court should ordinarily decide a motion to recuse, which is a discretionary call, itself. State v. McCabe, 201 N.J. 34, 45 (2010). The fundamental question is, “Would a reasonable, fully informed person have doubts about the judge’s impartiality?” Ibid. Court Rule 1:12-1 delineates the circumstances when a judge must recuse, including if the judge has a familial relationship to a party or lawyer, was an attorney in the action, has a personal interest, has given an opinion, has entered into post-retirement employment discussions with counsel, or for any other reason that might “preclude a fair and unbiased hearing and judgment, or might reasonably lead counsel or the parties to believe so.” R. 1:12-1(g).

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