proto-proposal: judicial self-recusal and case transfer
AI: 1
{{{
Enact a rule with title "Judicial Self-Recusal and Case Transfer",
power 1, and text
The judge of a judicial case CAN recuse emself from it at any
time by announcement.
Judicial cases can generally be transferred between judges by
this procedure: an entity (the transferee) CAN assign emself as
the judge of a judicial case by announcement if:
(a) the case has a judge assigned (the transferor); and
(b) the transferor and the transferee are different entities;
and
(c) the transferor has previously publicly consented to the
transfer and not publicly withdrawn that consent; and
(d) the transferee is qualified to be assigned as judge of the
case; and
(e) the transferee immediately (in the same announcement)
assigns a judgement to a judicial question in the case.
[Self-recusal provides a way to handle conflicts of interest that are
not adequately covered by disqualifications. Also potentially useful
if a judge finds e suddenly lacks time to tackle a case. Case
transfer allows cases that should be linked to be handled by the same
judge (like the old transfer provision for linked CFJs), and also
allows for the swapping of cases that we have recently done via
pseudo-judgements, another way to handle conflicts of interest. The
provision requiring immediate judgement means that transfer can't be
abused to extend judgement deadlines.]
}}}
-zefram
