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.
Arizona Motion for Refusal of Judge — Removal is a legal document that allows a party to request the removal or disqualification of a judge from a case due to bias, prejudice, or any other valid reasons. This motion aims to ensure fair and impartial proceedings, protecting the rights of the parties involved. In Arizona, there are several types of motions for refusal of a judge — removal that can be filed based on the specific circumstances of the case. Some of these include: 1. Personal Bias or Prejudice: This type of motion is filed when there is evidence or reasonable belief that the judge has a personal bias or prejudice that may affect their ability to remain impartial in the case. Such bias or prejudice may arise from personal relationships, previous professional interactions, or any other factors that could lead to unfair treatment. 2. Financial Interest: If it is discovered that the judge has a direct or indirect financial interest in the outcome of the case, a motion for refusal based on financial interest can be filed. This ensures that the judge does not have any financial motivation or conflicting interest that could undermine the fairness of the proceedings. 3. Prior Knowledge or Ex Parte Communication: A motion for refusal can be brought if there is evidence that the judge possesses prior knowledge or has engaged in ex parte communication related to the case. Ex parte communication refers to any communication about the case that occurs outside the presence of both parties. Such communication can compromise the impartiality of the judge and erode the integrity of the proceedings. 4. Lack of Judicial Impartiality: This type of motion is filed when there are reasonable grounds to believe that the judge cannot provide an unbiased and impartial decision in the case. This could be due to personal beliefs, public statements, or any actions that create a perception of partiality or unfairness. 5. Violation of Code of Judicial Conduct: If there is evidence that the judge has violated the Code of Judicial Conduct, which establishes ethical standards for judges, a motion for refusal can be filed. These violations may include improper behavior, failure to follow procedural rules, or any action that undermines the integrity of the judicial system. When filing a Motion for Refusal of Judge — Removal in Arizona, it is essential to provide detailed and specific evidence supporting the reasons for the motion. This can include witness statements, transcripts of prior proceedings, correspondence, or any other relevant documentation that substantiates the grounds for refusal. It is important to consult with an experienced attorney familiar with Arizona law to ensure the motion is properly drafted and filed within the required timeframes. The court will review the motion and determine whether to grant the refusal, thereby safeguarding the fairness and integrity of the legal process.
