JoanShear | 03 March, 2006 11:20
Today's reference question of the week comes from Raquel Ortiz at Boston University, who gave me permission to post this while I'm on vacation.
Question:
Where can I find the United States Supreme Court's Statement of Recusal Policy (1993), which is cited in Scalia's memorandum decision in Cheney v. U.S. Dist. Court for Dist. of Columbia, 541 U.S. 913, 124 S. Ct. 1391, 1394 (2004). Numerous law review articles cited this as "on file with author" or available "from the Clerk of the Court".
Answer:
West's Supreme Court Reporter prints administrative orders and notices of the Supreme Court. A web search found a reference to the document at 114 S. Ct. 52. The reference pulled up a table of summary dispositions on Westlaw, but no policy. Checking the bound volume of 114 Supreme Court Reporter in the "orders" section of the reporter before the Text of Opinions (which begins on page 1) there is a page 52 that contains this "Statement of Recusal Policy" which is signed by seven of the Justices. The final published article will probably need a parenthetical to explain that this cite is to the preliminary pages of S. Ct.
BTW, neither How to Find the Law nor Fundamentals of Legal Research mentioned this.
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