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.
Florida Motion for Refusal of Judge — Removal In Florida, the Motion for Refusal of Judge — Removal is a legal petition filed by one party involved in a case to request the disqualification or removal of a judge from presiding over their case. This motion is a crucial tool to ensure a fair and impartial legal process. There are different types of Florida Motions for Refusal of Judge — Removal, including: 1. Actual Bias: This type of motion is filed when a party believes that the judge has a personal bias or prejudice that may interfere with their ability to make impartial decisions in the case. The motion must present specific evidence or incidents that demonstrate the judge's bias. 2. Implied Bias: This motion is based on circumstances that may reasonably give rise to an inference of bias or prejudice. It is not necessary to prove actual bias, but rather to show that a reasonable person would question the judge's ability to remain impartial due to certain factors, such as a personal relationship with one of the parties. 3. Appearance of Bias: This motion is filed when there is a perception or appearance of bias, even if there is no actual or implied bias. It is important to note that appearance of bias motions require a higher standard of proof compared to actual or implied bias motions. The filing of a Motion for Refusal of Judge — Removal in Florida must follow the legal procedures and requirements for motions. The motion should include clear and concise arguments explaining why the judge should be recused and any supporting evidence. It is essential to consult with an experienced attorney to ensure the motion is properly prepared and filed. The Florida Motion for Refusal of Judge — Removal is a significant step to safeguard the fairness and integrity of the legal process. It allows parties to address concerns about a judge's impartiality and work towards obtaining a fair trial or hearing.
