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.
Title: Delaware Motion for Refusal of Judge — Removal: A Comprehensive Guide Introduction: In Delaware's legal system, a Motion for Refusal of Judge — Removal is a significant legal tool used to request the disqualification or removal of a judge from presiding over a case. This article aims to provide a detailed explanation of this motion, its purpose, and the various types associated with it. 1. Understanding the Motion for Refusal of Judge — Removal: 1.1 Definition: A Motion for Refusal of Judge — Removal in Delaware refers to a formal request made by a party to a legal proceeding seeking the disqualification or removal of a judge involved in the case. 1.2 Objective: The primary purpose of this motion is to ensure an impartial and unbiased judicial process, wherein all involved parties have confidence in the fairness of the proceedings. 2. Grounds for Filing a Motion for Refusal of Judge — Removal: 2.1 Bias or Prejudice: This grounds asserts that the judge is biased or prejudiced against one of the parties involved, compromising their ability to provide a fair and impartial judgment. 2.2 Conflict of Interest: This grounds suggests that the judge has a personal, financial, familial, or professional relationship with one of the parties that may hinder their neutrality. 2.3 Previous Involvement: This grounds applies when the judge has prior involvement in the case or has already formed opinions, creating a reasonable doubt about their ability to rule impartially. 2.4 Appearance of Impropriety: This grounds alleges that the judge's conduct or actions give rise to a perception of unfairness, even if actual bias or prejudice cannot be proven. 3. Types of Delaware Motion for Refusal of Judge — Removal: 3.1 Motion for Cause: This motion seeks refusal by providing evidence or specific grounds to demonstrate why the judge's impartiality is compromised concerning the case. 3.2 Peremptory Challenge: Also referred to as a peremptory challenge, this motion allows parties to seek the removal of a judge without stating specific reasons. Each party generally has a limited number of peremptory challenges available depending on the type and nature of the case. 3.3 Mandatory Refusal: In certain circumstances defined by Delaware law, a judge may be automatically disqualified from presiding over a case without the need for a motion. For example, if a judge has a familial relationship with one of the parties, they must recuse themselves. Conclusion: In Delaware, the Motion for Refusal of Judge — Removal serves as an essential mechanism to ensure a fair and impartial judicial process. By understanding the grounds for filing this motion and the different types associated with it, parties can make informed decisions to protect their rights and seek a just resolution. It is crucial to consult with a qualified attorney to navigate the complex legal requirements and procedures involved in filing such a motion effectively.
