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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- LITEKY et al. v. UNITED STATES
- certiorari to the united states court of appeals for
- the eleventh circuit
- No. 92-6921. Argued November 3, 1993-Decided March 7, 1994
-
- Before and during petitioners' 1991 trial on federal criminal charges,
- the District Judge denied defense motions that he recuse himself
- pursuant to 28 U. S. C. 455(a), which requires a federal judge to
- ``disqualify himself in any proceeding in which his impartiality
- might reasonably be questioned.'' The first motion was based on
- rulings and statements this same judge made, which allegedly
- displayed impatience, disregard, and animosity toward the defense,
- during and after petitioner Bourgeois' 1983 bench trial on similar
- charges. The second motion was founded on the judge's admonish-
- ment of Bourgeois' counsel and codefendants in front of the jury at
- the 1991 trial. In affirming petitioners' convictions, the Court of
- Appeals agreed with the District Judge that matters arising from
- judicial proceedings are not a proper basis for recusal.
- Held: Required recusal under 455(a) is subject to the limitation
- that has come to be known as the ``extrajudicial source'' doctrine.
- Pp. 3-16.
- (a) The doctrine-see United States v. Grinnell Corp., 384 U. S.
- 563, 583-applies to 455(a). It was developed under 144, which
- requires disqualification for ``personal bias or prejudice.'' That
- phrase is repeated as a recusal ground in 455(b)(1), and 455(a),
- addressing disqualification for appearance of partiality, also covers
- ``bias or prejudice.'' The absence of the word ``personal'' in 455(a)
- does not preclude the doctrine's application, since the textual basis
- for the doctrine is the pejorative connotation of the words ``bias or
- prejudice,'' which indicate a judicial predisposition that is wrongful
- or inappropriate. Similarly, because the term ``partiality'' refers
- only to such favoritism as is, for some reason, wrongful or inappro-
- priate, 455(a)'s requirement of recusal whenever there exists
- genuine question concerning a judge's impartiality does not pre-
- clude the doctrine's application. A contrary finding would cause
- the statute, in a significant sense, to contradict itself, since (peti-
- tioners acknowledge) 455(b)(1) embodies the doctrine, and 455(a)
- duplicates 455(b)'s protection with regard to ``bias and prejudice.''
- Pp. 3-14.
- (b) However, it is better to speak of the existence of an
- ``extrajudicial source'' factor, than of a doctrine, because the pres-
- ence of such a source does not necessarily establish bias, and its
- absence does not necessarily preclude bias. The consequences of
- that factor are twofold for purposes of this case. First, judicial
- rulings alone almost never constitute valid basis for a bias or
- partiality recusal motion. See Grinnell, supra, at 583. Apart from
- surrounding comments or accompanying opinion, they cannot
- possibly show reliance on an extrajudicial source; and, absent such
- reliance, they require recusal only when they evidence such deep-
- seated favoritism or antagonism as would make fair judgment
- impossible. Second, opinions formed by the judge on the basis of
- facts introduced or events occurring during current or prior pro-
- ceedings are not grounds for a recusal motion unless they display
- a similar degree of favoritism or antagonism. Pp. 14-15.
- (c) Application of the foregoing principles to the facts of this
- case demonstrates that none of the grounds petitioners assert
- required disqualification. They all consist of judicial rulings,
- routine trial administration efforts, and ordinary admonishments
- (whether or not legally supportable) to counsel and to witnesses.
- All occurred in the course of judicial proceedings, and neither (1)
- relied upon knowledge acquired outside such proceedings nor (2)
- displayed deep-seated and unequivocal antagonism that would
- render fair judgment impossible. Pp. 15-16.
- 973 F. 2d 910, affirmed.
- Scalia, J., delivered the opinion of the Court, in which Rehn-
- quist, C. J., and O'Connor, Thomas, and Ginsburg, JJ., joined.
- Kennedy, J., filed an opinion concurring in the judgment, in which
- Blackmun, Stevens, and Souter, JJ., joined.
-