If you have any problems related to the accessibility of any content (or if you want to request that a specific publication be accessible), please contact us at firstname.lastname@example.org.
An Examination of the Judicial Peremptory Challenge: Variations between States and Considerations of Consitutionality
AdvisorRichardson, James T.
AltmetricsView Usage Statistics
ABSTRACT OF THESISAn Examination of the Judicial Peremptory Challenge: Variations between States and Considerations of Constitutionality.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.
Showing items related by title, author, creator and subject.
.Tobi-Aiyemo, Ari (2019)Since the formation of the Nigerian judiciary, courts have operated using the common law system with the doctrine of stare decisis (i.e., judicial precedents). This doctrine has shaped the context of judging in Nigeria, ...
.Crow, Gerald K. (2014)In the years between 1875 and 1913 the Arkansas State Legislature passed a series of Acts which divided thirteen counties into judicial districts now referred to as split districts. These Acts were never codified and, ...
"Electing State Court Judges: Harmonizing Democracy with Judicial Review in Pursuing Balanced State Government and Legitimacy" Lopez, Victor S. (2018)Traditional democratic political theorists promote the idea that Supreme Court exercises of judicial review create a counter-majoritarian difficulty, theoretically threatening the foundation of American democracy. Nevertheless, ...