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According to Ragozzine, these facts, together with the YSU professor's relationship to the judge, created the appearance of impropriety. § 455(a): “Any justice, judge, or magistrate of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” The statute requires a judge to recuse “if a reasonable, objective person, knowing all of the circumstances, would have questioned the judge's impartiality .” Hughes v. There is no evidence that the YSU professor was involved in any way in Ragozzine's tenure review or had any interest in the outcome of the litigation.
The committee is authorized to render advisory opinions with respect to the code recusal obligations, although not with respect to the statutory recusal obligations.
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Although he met the minimum requirements with a last-minute flurry of publications, he was ultimately denied tenure because YSU decisionmakers determined that he lacked promise of consistent scholarly production. After summary judgment, Ragozzine filed a motion to disqualify the judge, based on a previously undisclosed dating relationship between the judge and a tenured YSU faculty member. § 455 and Canon 3(C)(1) of the Code of Conduct for United States Judges and that this appearance of impropriety required disqualification of the judge and relief from all her prior orders.
Ragozzine sued, alleging that he was discriminated against on the basis of sex in violation of Title VII and the Equal Protection Clause, that YSU violated his rights under the Family Medical Leave Act, and that irregularities in his tenure review violated his procedural and substantive due process rights. Ragozzine argued that the relationship created an appearance of impropriety under 28 U. The district court properly denied that motion, concluding that no reasonable person would question her impartiality.