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.
The District of Columbia Affidavit to Disqualify or Recuse Judge for Prejudice, also known as the Refusal or Removal Affidavit, is an important legal document used in cases where a party believes that a judge handling their case may have a bias or prejudice that could affect the impartiality of the proceedings. This affidavit serves as a formal request to disqualify or recuse the judge from the case. In the District of Columbia, there are different types of affidavits available to address different situations. Some of these key variations include: 1. Affidavit of Disqualification: This type of affidavit is used when a party believes the judge has personal or financial interests in the outcome of the case, or there is a close relationship between the judge and any party involved. 2. Affidavit of Prejudice: This affidavit is utilized when a party believes that the judge holds a personal bias, prejudice, or animosity towards them or their case, creating doubts about the judge's ability to be fair and unbiased. 3. Affidavit of Refusal: This type of affidavit is employed when a party wants to request the judge to voluntarily remove themselves from the case due to a potential conflict of interest, personal relationship, or any other reason that could affect their impartiality. The District of Columbia Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal typically includes the following information: 1. Case details: The name and number of the case, court jurisdiction, and the date on which the affidavit is prepared. 2. Party details: The full names, addresses, and contact information of the party filing the affidavit and their legal representation, if applicable. 3. Basis for disqualification or refusal: A detailed explanation of the reasons why the party believes the judge should be disqualified or recused, citing specific incidents, statements, or actions that indicate bias or prejudice. 4. Legal arguments: Supporting legal arguments and precedents that justify the party's request for disqualification or refusal. 5. Signed statement: The affidavit must be signed by the party filing it, acknowledging that the information provided is true and correct to the best of their knowledge. It is crucial to consult with a legal professional or refer to the specific rules and procedures of the District of Columbia courts to ensure accurate completion of the affidavit.
