Judge Franklin's son met all the criteria requiring a judge to recuse himself based on the statute and the Cannon 3C advisory opinion from which the statue was created. Judge Franklin knew that his son was a partner in the law firm that was appearing before the court and that his pecuniary interest was of an equitable nature. For this reason, Judge Franklin was aware of every factor that would require him to recuse himself. Judge Franklin's failure to recuse himself is an abuse of his discretion. A discretion that legislators have not granted to judges under 28 USC statute. 455