MUN. PUB. v. COURT OF COM. PLEAS ET AL.


507 Pa. 194 (1985)

489 A.2d 1286

MUNICIPAL PUBLICATIONS, INC., D. Herbert Lipson and Alan Halpern v. COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY. Appeal of James Reginald EDGEHILL.

Supreme Court of Pennsylvania.

Decided March 27, 1985.


Attorney(s) appearing for the Case

M. Mark Mendel, Jonathan Bennett, Philadelphia, for appellant.

David H. Marion, Philadelphia, for Mun. Publications, D. Herbert Lipson & Alan Halpern.

Howland Abramson, James J. Binns, Philadelphia, for appellee.

Before NIX, C.J., and FLAHERTY, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.


OPINION

NIX, Chief Justice.

We have assumed jurisdiction of this matter to decide whether a judge should be disqualified from presiding over a hearing on a recusal motion raising factual allegations as to his impartiality which, if proven, would require his recusal, where the judge has personal knowledge of disputed facts and permits himself to be a crucial witness in the proceedings. We have concluded that, in such circumstances, a judge must recuse himself...

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