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.
Title: Wisconsin Motion for Refusal of Judge — Removal: Explained in Detail Introduction: In legal proceedings, a Motion for Refusal of Judge — Removal is filed when a party believes that the presiding judge may have a conflict of interest or bias that could affect the fairness of the case. This detailed description will provide an overview of what the Wisconsin Motion for Refusal of Judge — Removal entails, examining its purpose, process, and the potential types of refusal motions that can be filed. Key Points: 1. The Purpose of a Motion for Refusal of Judge — Removal— - Aims to ensure fair and impartial proceedings by addressing concerns of potential bias, prejudice, or conflict of interest. — Allows parties to seek the removal of a judge who, in their view, may be unable to deliver a neutral judgment. — Upholds the right of litigants to a fair trial and impartial adjudication. 2. Grounds for Filing a Refusal Motion: — Personal bias or prejudice: When a judge shows personal animosity or favoritism towards a party, attorney, witness, or the case itself. — Financial interest: When a judge has a direct or indirect financial stake in the outcome of the case. — Prior involvement: When a judge has a past relationship or involvement with a party, attorney, or witness that creates potential bias. — Conflict of interest: When a judge has a connection to the case, subject, or individuals involved that could compromise their impartiality. — Other reasonable grounds: Any valid reasons that raise concerns about the judge's ability to be fair and unbiased. 3. Initiating a Motion for Refusal in Wisconsin: — Drafting the motion: The moving party must prepare a written document detailing the reasons for seeking refusal and supporting evidence. — Filing the motion: The motion is filed with the court clerk and usually served on all parties involved in the case. — Supporting evidence: Any relevant evidence, such as affidavits, witness statements, or documented incidents, should be included to substantiate the basis for refusal. — Hearing and decision: The court may schedule a hearing where both parties can present arguments and counter-arguments. The judge will then decide whether to recuse themselves. 4. Types of Wisconsin Motions for Refusal of Judge — Removal— - Motion for Recusal due to Personal Bias — Motion foRefusalal based on Financial Interest — Motion foRefusalal due to Prior Involvement — Motion foRefusalal based on Conflict of Interest — Motion foRefusalal on Other Reasonable Grounds (catch-all provision) Conclusion: Understanding the Wisconsin Motion for Refusal of Judge — Removal allows parties to assess the need for seeking a change of judge when they believe their case may be compromised by bias or conflict. By following the proper procedures and presenting compelling evidence, litigants can secure a fairer legal process, ensuring justice is served.
