28 U.S.C. § 455 requires a federal justice or judge to step aside when impartiality might reasonably be questioned and in several specifically defined conflict situations. The statute addresses the judge’s ability to hear the case; it is not an appeal procedure for correcting an unfavorable ruling. [1]
The general appearance rule and specific conflicts
Subsection (a) concerns a reasonable question about impartiality. Subsection (b) separately identifies circumstances including personal bias concerning a party, personal knowledge of disputed evidentiary facts, specified prior professional participation, financial interests, and certain family relationships. A recusal argument should identify the applicable provision and the actual facts establishing it. [1]
The financial-interest provisions include definitions and exclusions. For example, an interest held through a mutual or common investment fund is treated differently from direct ownership in a party unless the judge participates in management of the fund. The statute also tells judges to inform themselves about relevant personal and fiduciary interests and make a reasonable effort to learn about specified household family interests. [1]
Which grounds can the parties waive?
The parties cannot waive a subsection (b) ground. If the ground arises only under subsection (a), the judge may accept a waiver after full disclosure on the record. An informal agreement that neither side objects does not override those limits. Section 455(f) also contains a narrow divestiture provision for certain financial interests discovered after substantial judicial time has been devoted to a matter; it is not a general cure for every conflict. [1]
How to present a recusal request
Identify the relationship, financial holding, prior participation, or statement at issue. Explain its connection to a statutory ground and provide reliable supporting records. Follow the court’s filing and service rules and continue complying with existing orders unless the court changes them.
Do not confuse § 455 with § 144. Section 144 provides a separate district-court affidavit procedure for claimed personal bias or prejudice, including requirements concerning the stated facts, timing, and counsel’s good-faith certification. Simply attaching an affidavit does not eliminate those statutory conditions. [2]
A useful distinction
A stockholding in a named corporate party calls for a financial-interest analysis. A judge’s rejection of a motion calls for analysis of the ruling and any available review. Describe the evidence supporting a conflict instead of assuming that a loss on the merits proves partiality.
Related procedural questions include assignment of cases among district judges and the All Writs Act and extraordinary writ requests. Whether a recusal ruling can receive immediate review requires its own procedural analysis; the writ statute does not make every adverse ruling immediately reviewable.
Primary sources
- 28 U.S.C. § 455 — Disqualification of federal judges
- 28 U.S.C. § 144 — Bias or prejudice of a district judge
Sources checked: October 31, 2026.