Nemo iudex in causa sua

Nemo judex in causa sua (or nemo judex in sua causa) (which, in Latin, literally means "no-one is judge in his own cause") is a principle of natural justice that no person can judge a case in which they have an interest.[1][2] In many jurisdictions the rule is very strictly applied to any appearance of a possible bias, even if there is actually none: "Justice must not only be done, but must be seen to be done".[3]

This principle may also be called:

  • nemo judex idoneus in propria causa est
  • nemo judex in parte sua
  • nemo judex in re sua
  • nemo debet esse judex in propria causa
  • in propria causa nemo judex

The legal effect of a breach of natural justice is normally to stop the proceedings and render any judgment invalid; it should be quashed or appealed, but may be remitted for a valid re-hearing.

History

The phrase is credited to Sir Edward Coke in the seventeenth century,[4] but has also been attested as early as 1544.[5]

It appears in the 1974 United States Supreme Court case of Arnett v. Kennedy ("we might start with a first principle: '[N]o man shall be a judge in his own cause.' Bonham's Case, 8 Co. 114a, 118a, 77 Eng. Rep. 646, 652 (1610)").

In 2022 and 2023 United States Senator Sheldon Whitehouse repeatedly invoked the phrase in the context of discussions about ethics policies of the Supreme Court.[6][7][8]

See also

References
  1. "Legal definition of Nemo judex in causa sua". legal-glossary.org. 23 March 2013. Retrieved 24 February 2014.
  2. Harris. An Introduction to Law. 8th Ed. 2016. p 474
  3. R v Sussex Justices, ex parte McCarthy, [1924] 1 KB 256, [1923] All ER 233
  4. "Show Me the Money: States, ABA Try to Figure Out When Campaign Cash Leads to a Judge’s Recusal", ABA Journal, 1 March 2012 (retrieved 28 June 2017).
  5. Zwingli, Ulrich (1544). "Operum: Ea, Quae in Genesim, Exodum, Esaiam & Ieremiam prophetas, partim ex ore illius excepta, partim ab illo conscripta sunt, una cum Psalterio Latinitate donato, co[n]tinens. Tomus Tertius".
  6. Rubin, Jordan (11 April 2023). "Sheldon Whitehouse: Clarence Thomas revelations may be 'tipping point'". MSNBC. Retrieved 3 May 2023.
  7. Whitehouse, Sheldon. "nemo judex in sua causa". Twitter. Retrieved 3 May 2023.
  8. Whitehouse, Sheldon. "Sen. Whitehouse Delivers Opening Statement at Judiciary Cmte Hearing on Supreme Court Ethics Reform". YouTube. Retrieved 3 May 2023.

Further reading

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