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

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Multi-State
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US-02219BG
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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

The basis for a CCP §170.6 challenge affidavit to be filed with the Court is that the party or attorney believes that (1) the challenged judge is prejudiced against such party or attorney or his or her interest, and (2) that the party or attorney cannot have a fair and impartial trial before that judge.

A motion to recuse a judge can be filed by the prosecutor, the defense attorney, or the plaintiff or defendant in either a criminal or civil case. If you want to disqualify a judge, you must file a motion that includes specific language listed in the law at CCP 170.6. 4. This motion must be filed on time.

Judges may not hear cases in which they have either personal knowledge of the disputed facts, a personal bias concerning a party to the case, earlier involvement in the case as a lawyer, or a financial interest in any party or subject matter of the case.

Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. Is to the judge's knowledge likely to be a material witness in the proceeding.

Obvious examples are violations of criminal law, sexual misconduct with staff/attorneys/parties, joining discriminatory organizations and using the judicial position to enhance a private interest.

Although there can be some technical differences between the two terms, ?recuse? can usually be used interchangeably with ?disqualify.? When a judge is disqualified or recused from a case, he or she does not participate. In trial courts and some appellate courts, another judge hears it in place of the one who recused.

California Law Regarding Judicial Disqualification The Code of Civil Procedure 170.6 CCP is the California law that says a judge can be disqualified from presiding over a civil lawsuit or criminal trial if the judge seems to be prejudiced against one of the parties or attorneys.

A judge may also be challenged for cause under CCP §170.1. This type of motion is less likely to be granted because specific grounds and proof are required, i.e., conflict of interest, bias, financial interest, personal knowledge of facts, and relationship to a party or attorney.

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