Alaska Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal

State:
Multi-State
Control #:
US-02219BG
Format:
Word; 
Rich Text
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Description

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.

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FAQ

In short, a judge may be recused if only he has some actual interest?personal, familial, or financial?in the outcome of a case, or where he has shown himself to be so prejudiced against one of the parties or the case's subject matter that he cannot be trusted to rule fairly.

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.

"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".

In your notice of application or notice of motion you will ask for an order that the judge/master recuse herself/himself from hearing your case.

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Alaska Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal