actual bias. Genuine prejudice that a judge, juror, witness, or other person has against some person or relevant subject. Cf. implied bias.
implied bias. Prejudice that is inferred from the experiences or relationships of a judge, juror, witness, or other person.
— Also termed presumed bias. Cf. actual bias.
judicial bias. A judge’s bias toward one or more of the parties to a case over which the judge presides. • Judicial bias is usu. insufficient to justify disqualifying a judge from presiding over a case. To justify disqualification or recusal, the judge’s bias usu. must be personal or based on some extrajudicial reason. [Cases: Judges 49. C.J.S. Judges § 108.]
