Seventeen states allow for a judicial peremptory challenge of a trial judge. Seven of these states require that a new judge be assigned to the case without any showing of bias, prejudice or impartiality. The remaining ten states require some showing, primarily through an affidavit or certification, which meets requirements set forth by the statute or rule. Distinctions between the various challenge procedures were examined. State jurisprudence addressing the competing constitutional principles of maintaining a litigant’s right to a fair and impartial tribunal and the presumption of a trial judge’s impartiality was examined within the context of the doctrine of separation of powers, improper delegation of judicial power, and analogies to the peremptory strike of a juror. Having found no constitutional infirmities, except perhaps under circumstances unique to the evolution of a state’s particular rule or statute, the decision of whether to remove by a peremptory challenge a presumptively impartial judge should be left to the policy branch of government—the legislature.
|Advisor:||Richardson, James T.|
|Commitee:||Crothers, Daniel T., Dahir, Veronica, Johnstone, Anthony|
|School:||University of Nevada, Reno|
|School Location:||United States -- Nevada|
|Source:||MAI 55/05M(E), Masters Abstracts International|
|Subjects:||Law, Political science|
|Keywords:||Judicial disqualification, Judicial disqualification for cause, Judicial peremptory challenge, Judicial peremptory strikes, Removal of judge, Substitution of judge|
Copyright in each Dissertation and Thesis is retained by the author. All Rights Reserved
The supplemental file or files you are about to download were provided to ProQuest by the author as part of a
dissertation or thesis. The supplemental files are provided "AS IS" without warranty. ProQuest is not responsible for the
content, format or impact on the supplemental file(s) on our system. in some cases, the file type may be unknown or
may be a .exe file. We recommend caution as you open such files.
Copyright of the original materials contained in the supplemental file is retained by the author and your access to the
supplemental files is subject to the ProQuest Terms and Conditions of use.
Depending on the size of the file(s) you are downloading, the system may take some time to download them. Please be