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 District of Columbia Motion for Refusal of Judge is a legal request submitted by a party involved in a legal case, asking for the removal of the presiding judge due to potential bias or conflict of interest. This motion can be crucial in ensuring fairness and impartiality in the legal proceedings. In the District of Columbia, there are several types of Motions for Refusal of Judge — Removal, all aimed at addressing different circumstances that may compromise the judge's impartiality during a case. Some common variants of this motion include: 1. Personal Bias Motion for Refusal: This type of motion is filed when one party believes that the judge has a personal connection or personal bias that may prevent them from fairly assessing the case. The motion asserts that the judge's personal relationship with any individual involved in the case could influence their impartiality. 2. Financial Interest Motion for Refusal: This motion is used when a party believes that the judge has a financial stake or conflict of interest related to the case. It argues that the judge's potential financial gain or loss might create a bias, leading to an unfair trial. 3. Prior Involvement Motion for Refusal: This type of motion is filed when a judge has had a previous involvement in the case or a related matter. It alleges that the judge's prior knowledge or prior adverse ruling may affect their ability to make unbiased decisions. 4. Judicial Misconduct Motion for Refusal: This motion is submitted when a party believes that the judge has displayed judicial misconduct during the proceedings. It argues that the judge's behavior or actions have been improper or unethical, compromising their ability to fairly assess the case. When filing a District of Columbia Motion for Refusal of Judge — Removal, it is crucial to provide supporting evidence to establish the grounds for the motion. This can include witness testimonies, documented conflicts of interest, prior rulings, or any other relevant information that substantiates the claim of bias, conflict, or misconduct. By seeking the removal of a judge through a Motion for Refusal, parties in a legal case in the District of Columbia can ensure that their constitutional right to a fair trial is protected. The court then evaluates the motion, considering the presented evidence and arguments, before making a decision on whether to grant or deny the request for the judge's refusal.
