§455 Disqualification of justice, judge, or magistrate judge

Summary

A federal judge must step aside from any case when people could reasonably doubt the judge’s ability to be fair. A judge must also recuse themself if they have personal bias or private knowledge of disputed facts; if they or a former law partner worked on the same matter; if they worked for the government and advised or testified about the case; if the judge, their spouse, or a minor child living in the home has a financial interest in the case or a party; or if the judge’s spouse, close relatives (within the third degree), or their spouses are parties, officers, lawyers, have an interest affected by the outcome, or will likely be important witnesses. Judges must try to know their own and their household’s financial ties. Judges cannot accept waivers from parties for the specific disqualifying situations above, but an appearance-based doubt can be waived only after full on-the-record disclosure. If a judge has already spent substantial time on a case and later learns of a disqualifying financial interest that would not be affected by the result, the judge may stay if they or the family member give up that interest. Definitions: “proceeding” means any stage of a case; “degree of relationship” follows civil-law rules; “fiduciary” means roles like executor, trustee, or guardian; “financial interest” means any ownership or active role in a party, with limited exceptions (e.g., passive mutual-fund holdings, nonprofit offices, certain policyholder or government-security interests unless the case could change their value).