[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR50.19]

[Page 70-71]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 50--STATEMENTS OF POLICY--Table of Contents
 
Sec. 50.19  Procedures to be followed by government attorneys prior to filing recusal or disqualification motions.

    The determination to seek for any reason the disqualification or 
recusal

[[Page 71]]

of a justice, judge, or magistrate is a most significant and sensitive 
decision. This is particularly true for government attorneys, who should 
be guided by uniform procedures in obtaining the requisite authorization 
for such a motion. This statement is designed to establish a uniform 
procedure.
    (a) No motion to recuse or disqualify a justice, judge, or 
magistrate (see, e.g., 28 U.S.C. 144, 455) shall be made or supported by 
any Department of Justice attorney, U.S. Attorney (including Assistant 
U.S. Attorneys) or agency counsel conducting litigation pursuant to 
agreement with or authority delegated by the Attorney General, without 
the prior written approval of the Assistant Attorney General having 
ultimate supervisory power over the action in which recusal or 
disqualification is being considered.
    (b) Prior to seeking such approval, Justice Department lawyer(s) 
handling the litigation shall timely seek the recommendations of the 
U.S. Attorney for the district in which the matter is pending, and the 
views of the client agencies, if any. Similarly, if agency attorneys are 
primarily handling any such suit, they shall seek the recommendations of 
the U.S. Attorney and provide them to the Department of Justice with the 
request for approval. In actions where the United States Attorneys are 
primarily handling the litigation in question, they shall seek the 
recommendation of the client agencies, if any, for submission to the 
Assistant Attorney General.
    (c) In the event that the conduct and pace of the litigation does 
not allow sufficient time to seek the prior written approval by the 
Assistant Attorney General, prior oral authorization shall be sought and 
a written record fully reflecting that authorization shall be 
subsequently prepared and submitted to the Assistant Attorney General.
    (d) Assistant Attorneys General may delegate the authority to 
approve or deny requests made pursuant to this section, but only to 
Deputy Assistant Attorneys General or an equivalent position.
    (e) This policy statement does not create or enlarge any legal 
obligations upon the Department of Justice in civil or criminal 
litigation, and it is not intended to create any private rights 
enforceable by private parties in litigation with the United States.

[Order No. 977-82, 47 FR 22094, May 21, 1982]