[freepersup]

Thank you for the clarity in this matter. One other question which is a key point (or a moot point; lol) would the recusal preceed a vote ?

[devattel]

freepersup said:

Thank you for the clarity in this matter. One other question which is a key point (or a moot point; lol) would the recusal preceed a vote ?

You are quite welcome.

Recusal must occur prior to the final decision. It is not clear as to whether or not a judge must recuse himself from a panel prior to accepting the case. Recusal after acceptance of a case causes issues, especially if quorum is lost. In this case the lower court decision would stand in the event a tie decision occurs.