You are a prosecutor preparing for a case that has garnered significant media attention. As the trial date approaches, you have several important matters to attend to. The judge assigned to the case is facing re-election in a few months. You have been informed that the defense attorney is planning to make a contribution to the judge's campaign fund, so you make a motion for recusal. The judge denies your motion. Which of the following is correct about this situation?
A) It is up to the judge to decide whether to recuse himself or herself.
B) The recusal motion will be heard by a separate judge, usually the supervisor of the judge in question.
C) In this situation, you have no power to make a recusal motion.
D) Both attorneys must agree to submit a recusal motion before any action will be taken on it.
Correct Answer:
Verified
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