§ 144. — Bias or prejudice of judge.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC144]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 5--DISTRICT COURTS
Sec. 144. Bias or prejudice of judge
Whenever a party to any proceeding in a district court makes and
files a timely and sufficient affidavit that the judge before whom the
matter is pending has a personal bias or prejudice either against him or
in favor of any adverse party, such judge shall proceed no further
therein, but another judge shall be assigned to hear such proceeding.
The affidavit shall state the facts and the reasons for the belief
that bias or prejudice exists, and shall be filed not less than ten days
before the beginning of the term at which the proceeding is to be heard,
or good cause shall be shown for failure to file it within such time. A
party may file only one such affidavit in any case. It shall be
accompanied by a certificate of counsel of record stating that it is
made in good faith.
(June 25, 1948, ch. 646, 62 Stat. 898; May 24, 1949, ch. 139, Sec. 65,
63 Stat. 99.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 25 (Mar. 3, 1911, ch. 231,
Sec. 21, 36 Stat. 1090).
The provision that the same procedure shall be had when the
presiding judge disqualifies himself was omitted as unnecessary. (See
section 291 et seq. and section 455 of this title.)
Words, ``at which the proceeding is to be heard,'' were added to
clarify the meaning of words, ``before the beginning of the term.'' (See
U.S. v. Costea, D.C.Mich. 1943, 52 F.Supp. 3.)
Changes were made in phraseology and arrangement.
1949 Act
This amendment clarifies the intent in section 144 of title 28,
U.S.C., to conform to the law as it existed at the time of the enactment
of the revision limiting the filing of affidavits of prejudice to one
such affidavit in any case.
Amendments
1949--Act May. 24, 1949, substituted ``in any case'' for ``as to any
judge'' in second sentence of second par.
Abolition of Terms
For abolition of formal terms of the court and replacement by
sessions, see sections 138 and 139 of this title.
