Review Of Decisions On A Judge's Qualification To Sit

Abstract

Parties may not always be satisfied with a judge's ruling on an objection to his or her eligibility to sit. Should the judge have recused himself or herself during or after a lengthy hearing, but before delivery of judgment, parties may be dismayed at the prospect of a rehearing of the case, with its attendant costs and delay. The question is: Are there means by which judges' rulings on their own qualification to sit may be judicially reviewed? This is the question with which this article is concerned. It is a question easily answered in cases where the ruling has been made by a judge of an inferior court, but less easily answered where the ruling has been made by a judge of a superior court.