PrepTest 143, Section 2, Question 8
The current approach to recusal and disqualification of(432 more words not shown)
According to the passage, a(11 more words not shown)
- Ainterfere with judges'(7 more words not shown)
- Bfail to specify(8 more words not shown)
- Cexaggerate the importance(5 more words not shown)
- Dplace responsibility for(4 more words not shown)
- Eignore the importance(5 more words not shown)
Reading the passage
The author criticizes an approach centered on appearances. The second paragraph also identifies a concrete problem with applying it: the rules say impartiality must not reasonably be questioned, but leave us unsure whose perspective to use and how to interpret the facts. Look for one of those actual criticisms, rather than something that merely sounds like a problem with judging bias.
Working the answers
- A
We aren't told that the rules interfere with judges' reasoning about their cases. The criticism is about an unclear appearance-based standard and the bias it may overlook, not an identified disruption of the reasoning process.
- BCorrect
The second paragraph explicitly says the rules give no guidance about “whose perspective to take.” If different people assess apparent bias differently, failing to specify the relevant viewpoint leaves the standard unclear.
- C
Transparency is the author's proposed improvement in the third paragraph. The current rules aren't criticized for putting too much emphasis on it. C assigns the proposed solution to the problem.
- D
Responsibility rests entirely with judges in some jurisdictions, but parties can request disqualification in others. D ignores that distinction and describes only one arrangement as though it covered them all.
- E
This reverses the criticism. The opening says the current approach heavily emphasizes appearances. The author thinks that focus can distract from actual bias, not that the appearance of propriety has been ignored.
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