What the Fair Minded Observer Really Thinks About Judicial Impartiality

This article presents the results of an empirical study designed to assess degree convergence and divergence between public opinion fictional Fair Minded Observer (FMO) test used determine whether a judge ought be disqualified on grounds possible bias. As part test, judges imagine FMO would see risk bias judge. To extent that is partly meant reflect perception, obvious weakness in no one has tested attitudes judicial specifically. We conducted nationally representative surveys UK Australia, asking respondents what they think about different situations (N = 2064). Our indicate gap exists created by courts both countries across number scenarios thought give rise bias, including financial relationships, prejudgement fact patterns based leading cases.