A Judge should disqualify himself or herself in a proceeding where he or she:
" Has a personal bias or prejudice concerning a party;
" Has personal knowledge of disputed evidentiary facts;
" Served as a lawyer in the matter in controversy;
" Practiced law with a lawyer who, during the time of this association, handled the case in question;
" Has been a material witness in the case, or has practiced law with a lawyer who is a material witness;
" Has a financial or other interest in the subject or parties to the proceeding, or a member of his or her immediate family has such an interest;
" Is a party to or a lawyer in the proceeding, or is related to one who is so involved in the proceeding;
" Knows of a relative who has an interest that could be substantially affected by the outcome of the proceeding; or
" Is likely to be a material witness, or is related to one who is likely to be a material witness in proceeding.
Puerto Rico Motion for Refusal of Judge — Removal: A Puerto Rico Motion for Refusal of Judge — Removal is a legal document filed by a party involved in a court case in Puerto Rico, seeking the removal of a judge from presiding over the case. This motion is typically filed when a party believes that the judge has a bias or conflict of interest that might hinder their ability to render a fair judgment or decision. The Puerto Rico judicial system recognizes the significance of impartiality and fairness in legal proceedings, as guaranteed by the Constitution of Puerto Rico and the Code of Judicial Conduct. A Motion for Refusal of Judge — Removal provides a mechanism for parties to address concerns about a judge's partiality or potential bias. Key elements and reasons to file a Puerto Rico Motion for Refusal of Judge — Removal include: 1. Bias or Prejudice: A party may assert that the judge harbors a bias, prejudice, or personal interest that could potentially influence their ruling. It's crucial to provide substantial evidence supporting the claim, such as prior statements, behaviors, or affiliations that raise doubts about the judge's objectivity. 2. Conflict of Interest: When a judge has a personal, financial, or professional interest in the case or any of the parties involved, it can compromise their ability to make impartial decisions. A party could request the judge's refusal if they can establish a direct or indirect conflict of interest that could influence the outcome. 3. Appearance of Impropriety: Even if no actual bias or conflict of interest exists, a party may argue that the judge's continued presence in the case could create an appearance of impropriety. This perception erodes confidence in the fairness of the judicial process, and the party may seek the judge's voluntary refusal or file a motion for removal. Types of Puerto Rico Motion for Refusal of Judge — Removal: 1. Motion foRefusalal: This motion is filed by a party requesting the judge's voluntary refusal due to demonstrated bias, prejudice, conflict of interest, or the appearance of impropriety. It urges the judge to withdraw from the case to safeguard the principles of due process and fairness. 2. Motion for Removal (Involuntary Refusal): In situations where a judge refuses to recuse themselves voluntarily, the affected party may file a Motion for Removal. This motion presents a compelling argument to the court for the judge's removal, asserting a substantial basis for refusal and demonstrating the detriment caused by the judge's continued involvement. In summary, a Puerto Rico Motion for Refusal of Judge — Removal is a legal tool used to address concerns of bias, conflict of interest, or the appearance of impropriety in a court case. It provides a means for parties to ensure a fair and impartial judgment while upholding the principles of justice in Puerto Rico.
