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.
A refusal letter template with a motion to dismiss is a formal document that is used when a party in a legal proceeding wants to request the disqualification (refusal) of a judge or an opposing attorney from the case. This type of letter is typically used in situations where there is a potential conflict of interest or bias that may compromise the fairness and impartiality of the proceedings. The refusal letter template with a motion to dismiss should include the following elements: 1. Letterhead: Begin the letter by including the name, address, and contact information of the party submitting the letter. This can include the law firm or individual's name, address, phone number, and email address. 2. Date: Include the date of the letter to establish a timeline of events. 3. Recipient Information: Address the letter to the appropriate recipient, which could be the presiding judge, court clerk, or the opposing party's attorney. Include their name, title, and contact information. 4. Subject Line: Clearly state the purpose of the letter in the subject line to ensure it is properly filed and directed to the relevant parties. For example, "Request for Refusal and Motion to Dismiss in [Case Name]: [Party Name] vs. [Opposing Party Name]." 5. Salutation: Begin the letter with a professional salutation, such as "Dear Honorable [Judge's Last Name]," or "Dear [Opposing Party's Attorney's Last Name]." 6. Introduction: Clearly and concisely explain the reason for writing the letter, stating that the party is formally requesting the refusal of the judge or opposing attorney from the case. Provide a brief overview of the case and mention any specific events or circumstances that support the request for refusal. 7. Legal Basis for Refusal: Provide a detailed explanation of the legal grounds or the specific rules governing the refusal request. This may include citing relevant laws, rules of professional conduct, or court precedents that support the argument for disqualification. 8. Supporting Evidence: If available, include any supporting documents or evidence that substantiate the allegation of potential bias or conflict of interest. This could include communications, financial disclosures, or any other relevant information that supports the refusal request. 9. Motion to Dismiss: If appropriate, mention that along with the request for refusal, a motion to dismiss the case may be filed. Explain the basis for the motion to dismiss, which could include arguments such as lack of jurisdiction, failure to state a claim, or procedural irregularities. 10. Conclusion: Summarize the main points of the letter, reiterate the request for refusal, and indicate the willingness to provide additional evidence or appear at a hearing, if necessary. 11. Closing: End the letter with a professional closing, such as "Sincerely" or "Respectfully," followed by the name, title, and signature of the sender. Different types of refusal letter templates with motions to dismiss may vary depending on the jurisdiction, legal system, or specific circumstances of the case. However, the basic structure and elements mentioned above should be present in any refusal letter template with a motion to dismiss. It is crucial to consult with a qualified attorney or legal professional to ensure compliance with local rules and regulations when using such templates.
