This is a multi-state form covering the subject matter of: Motion for Disclosure of any Possible
Basis of Judicial Recusal.
Kansas Motion for Disclosure of Any Possible Basis of Judicial Recusal
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How to fill out Motion For Disclosure Of Any Possible Basis Of Judicial Recusal?
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FAQ
All parties-including unrepresented parties-in a divorce, annulment, or separate maintenance case must prepare and file a domestic relations affidavit on the form set forth in the appendix of the Kansas Child Support Guidelines. In a contested case, the parties must exchange domestic relations affidavits before trial.
A party may request oral argument?either in the motion or in a response filed by the adverse party under subsection (b). The court must grant a timely request for oral argument unless it states in the ruling or by separate communication that oral argument would not aid the court materially.
"Recusal" means the process by which a person is disqualified, or disqualifies himself or herself, from a matter because of a conflict of interest.
Ing to Black's Law Dictionary, "recusal" is the process "by which a judge is disqualified on objection of either party (or disqualifies himself or herself) from hearing a lawsuit because of self-interest, bias or prejudice".
The Due Process clauses of the United States Constitution require judges to recuse themselves from cases in two situations: Where the judge has a financial interest in the case's outcome. Where there is otherwise a strong possibility that the judge's decision will be biased.
How to Recuse: Name. Position & agency. Describe the nature of your conflict. Indicate that you are recusing from participation. Sign the memo or form under penalty of perjury.
Key Concepts. Either party may move that the judge recuse him- or herself on the grounds of prejudice or conflict. The moving party bears the burden of proof. The defendant may also move to have the prosecutor recused from a case, but the court may grant such relief only upon an actual showing of conflict of interest.
Second, a judge who refuses recusal when necessary may be further reprimanded or disciplined. Although disciplinary measures vary by jurisdiction, one such measure includes the judge losing their job.