Glossary entry

English term or phrase:

recuse

English answer:

to disqualify as judge

Added to glossary by lgbirt (X)
Jan 11, 2002 15:41
22 yrs ago
14 viewers *
English term

Discussion

Marian Greenfield Jan 11, 2002:
What's the question?

Responses

+4
10 mins
Selected

to disqualify oneself/to remove oneself (from a case)

Bryan Garner's Dictionary of Modern Legal Usagë:

"recuse; disqualify. The two words are not quite interchangeable in modern legal usage. Disqualify might be used in place of recuse, but the reverse does not hold tru. Disqualify, the broader term, may be used of witnesses, for example, as well as of judges, whereas recuse is applied only to one who sits in judgment (usu. judges or jurors)."

The "Shark-talk" dictionary at www.nolo.com doesn't have "recuse" but it does have "recusal": http://www.nolo.com/lawcenter/dictionary/dictionary_listing....
And in that definition, it applies recusal only to judges and prosecutors.

--------------------------------------------------
Note added at 2002-01-11 16:11:21 (GMT) Post-grading
--------------------------------------------------

Maybe they think we\'re all fans of the Law and Order TV show. (I\'m not a fan; I\'m an addict.)
Peer comment(s):

agree Nikki Graham
2 mins
agree Natalia Bearden : Agrees with the answer I was trying to give in Russian :o) Thanks for straightening me up!
11 mins
No, really, I thought I was the one who had messed up. (It is my hobby, after all.) ;-)
agree Julia Bogdan Rollo (X)
11 hrs
agree Tatiana Neroni (X)
42 days
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you. I asked many people here at work (well educated folks) but no one had or could find a definition. Why does the media use terms which the general public cannot digest?"
7 mins

Îòâîäèòü

(ñóäüþ, ïðèñÿæíûõ)

"Îòâîä ñîáñòâåííîé êàíäèäàòóðû..."

--------------------------------------------------
Note added at 2002-01-11 15:53:12 (GMT)
--------------------------------------------------

recusation - îòâîä (ñóäüè, ïðèñÿæíûõ)
recusable - îñòàâëÿþùèé âîçìîæíîñòü îòêàçà
recusancy - íåïîä÷èíåíèå
recusant - îòêàçûâàþùèéñÿ ïîä÷èíÿòüñÿ âëàñòÿì, çàêîíàì

(Þðèäè÷. è Äèïëîìàòè÷åñêèé ñëîâàðè)
Peer comment(s):

neutral Liv Bliss (X) : Natalie - am I hallucinating or do you know something about Igbirt that I don't know--or is this labeled as an English monolingual question?
5 mins
Oh, my... So-o-- sorry! You are not the one hallucinating: I just got up, saw a question, typed something... Only after your responces started arriving did I realize what was happening... Please, don't shoot me :o)
Something went wrong...
+1
11 mins

explanation below

of a judge: withdraw from hearing a case becuase of a possible conflict of interest or lack of impartiality (New Shorter Oxford),

and that should be recuse onself from, I think.

--------------------------------------------------
Note added at 2002-01-11 15:54:41 (GMT)
--------------------------------------------------

and it should also be because in my answer - one of my most annoying typing errors!
Peer comment(s):

agree Tatiana Neroni (X)
42 days
Something went wrong...
+2
12 mins

Excuse oneself from a case

because of possible lack of impartiality. For example, if a judge is a personal friend of someone who is accused of a crime, he or she would recuse her/himself from hearing the case.
Reference:

Shorter Oxford

Peer comment(s):

agree Nikki Graham
1 min
agree Tatiana Neroni (X)
42 days
Something went wrong...
13 mins

to challenge, to object (an argument)

I don't know about an English term "to recuse", this seems to be the French word "récuser".

récuser: to challenge (a witness)
to object (an argument)

se récuser: to decline to give an opinion or to accept a responsibility.

In English, there is "recusancy":
(to refuse): refusal to accept or obey an established authority.
Peer comment(s):

neutral Kim Metzger : Maya, get a good English dictionary.
3 mins
Kim, check the glossary
neutral Liv Bliss (X) : Garner's Dictionary of Modern Legal Usage has a lengthy discussion of how the term mutated in the US from "object to (a judge [he doesn't mention "argument" or "opinion"])" to "remove oneself"
4 mins
neutral Tatiana Neroni (X) : To recuse is the exact legal term for all the above explanations.
42 days
Something went wrong...
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search