Wilmington, Del. (May 4, 2023) - Wilmington Managing Partner Francis G.X. Pileggi recently authored an article for the May/June 2023 issue of The Bencher, a bi-monthly publication of the American Inns of Court. The article, titled "Criteria for Judicial Recusal," discusses the standards that apply when determining if judicial recusal is appropriate and also provides practical strategies for attorneys seeking recusal.
Mr. Pileggi opens the article by advising that when attorneys believe that an issue of a judge's impartiality might arise during a lawsuit, they should "explore an appropriate informal means of presenting that issue to the presiding jurist." In doing so, the attorney is providing the judicial officer with an opportunity "to make his or her own assessment of the issue in an appropriate manner that might make a formal motion unnecessary." Next, Mr. Pileggi describes the "highlights" from various sources concerning standards for judicial recusal, including Canon 2 of the Code of Conduct for United States Judges, Title 18 of the United States Code, and Rule 2.3 of the Delaware Judges' Code of Judicial Conduct.
Mr. Pileggi closes the article by returning to his initial point, namely, that formal motions to disqualify should be pursued only when "absolutely necessary." Even then, he describes, an attorney should file such a motion "reluctantly, only after thorough research, careful analysis, extensive soul-searching, confidential vetting with colleagues, and with conscientious consideration of all the aspects and ramifications of such an unpleasant process."
Mr. Pileggi is a member of Lewis Brisbois' Complex Business & Commercial Litigation Practice. He focuses primarily on high-stakes disputes of corporations, stockholders, members of boards of directors, members and managers of LLCs, and those with managerial or ownership interests in other forms of entities. In addition, since 2004, Mr. Pileggi has maintained the Delaware Corporate & Commercial Litigation Blog, at www.delawarelitigation.com, in which he analyzes key corporate and commercial decisions from Delaware's Supreme Court and Court of Chancery.
Read the full Bencher article here and view the article on Mr. Pileggi's blog here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
