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.
Arkansas Motion for Refusal of Judge — Removal: A Comprehensive Overview Keywords: Arkansas, motion for refusal, judge, removal, legal procedure, court system Introduction: In the Arkansas legal system, when a party involved in a legal case feels that an impartial hearing cannot be conducted due to the perceived bias or conflict of interest of the presiding judge, they may file a motion for refusal or removal of the judge. This motion seeks to ensure fair and unbiased proceedings by disqualifying or replacing the judge. Let's delve into the details of the Arkansas motion for refusal of a judge and explore the different types associated with it. 1. General Overview: A motion for refusal of a judge is a formal request made by a party to disqualify or remove a judge from presiding over a case. This motion challenges the judge's ability to remain impartial due to factors such as personal relationships, financial interests, previous involvement in the case, or any other circumstances that can compromise fair judgment. 2. Legal Basis: The Arkansas motion for refusal of a judge is primarily governed by the Arkansas Code of Judicial Conduct, which outlines ethical standards for judges. It requires judges to ensure their impartiality and maintain public confidence in the judicial system. Parties must demonstrate valid grounds based on objective facts, rather than mere personal dissatisfaction, to support their motion. 3. Grounds for Motion: Common grounds that can be cited in an Arkansas motion for refusal of a judge include, but are not limited to: a. Personal bias or prejudice towards one party b. Financial or familial relations with a party or attorney c. Previous involvement or familiarity with the case d. Public comments or statements indicating bias e. Personal or professional conflicts of interest f. Any other circumstances casting doubt on the judge's impartiality 4. Procedure for Filing: To initiate an Arkansas motion for refusal of a judge, the party or their attorney must prepare a written motion clearly stating the grounds for refusal as well as any supporting evidence. The motion must be filed with the court and served to all concerned parties involved. Each Arkansas circuit court may have its specific local rules and procedures that need to be followed when filing a motion for refusal. 5. Types of Arkansas Motion for Refusal: While the core objective of all Arkansas motions for refusal is the removal of the judge, they can be categorized into different types based on the time of filing: a. Pretrial Motions: Filed before the trial begins or during the initial stages of a legal proceeding. b. Mistrial Motions: Filed during an ongoing trial when new circumstances arise indicating the need for refusal. c. Post-trial Motions: Filed after the conclusion of a trial but before the judgment is entered, challenging the judge's continued involvement during the sentencing phase or post-trial motion review. Conclusion: The Arkansas motion for refusal of a judge is an essential recourse to ensure impartiality and maintain the integrity of the judicial system. Parties should critically analyze the circumstances, diligently gather evidence, and file a well-supported motion. By adhering to the established legal procedures, they can seek the removal of a judge who they believe cannot render fair judgment. It is always advisable to consult with an experienced attorney to guide through the intricacies of the refusal process in Arkansas.
