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 Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal In the state of Florida, an affidavit to disqualify or recuse a judge for prejudice is a legal document filed by a party in a court case to request the removal of a judge from the proceedings due to a potential bias or prejudice that could affect the impartiality of the judge. This affidavit is an important procedural step that allows parties involved in a case to ensure a fair and unbiased legal process. When a party believes that a judge's actions, statements, or personal beliefs may hinder their ability to receive a fair trial, they can submit an affidavit to disqualify or recuse the judge. This affidavit must contain specific details, providing evidence to support the allegation of prejudice or bias. It is crucial to include relevant keywords in the affidavit, such as "disqualify," "recuse," "prejudice," "refusal," and "removal." The Florida Judicial Qualifications Commission (JC) encourages the use of affidavits to address concerns of bias or prejudice. The JC is an independent body that investigates and disciplines judges for misconduct and violations of the Code of Judicial Conduct. However, it is important to note that filing an affidavit to disqualify or recuse a judge should not be taken lightly, as false or baseless claims can have serious consequences. There are different types of Florida affidavits to disqualify or recuse a judge for prejudice, each serving a specific purpose: 1. Affidavit to Disqualify/Recuse Judge — This type of affidavit is filed by a party to request the removal of the judge assigned to their case, based on their belief that the judge's actions, statements, or personal biases may compromise the fairness of the proceedings. 2. Affidavit to Recuse Judge after Refusal Motion — This affidavit is filed when a judge, after being presented with a motion to recuse themselves, voluntarily steps down from the case due to potential bias or prejudice. The party filing the affidavit acknowledges the judge's refusal, reinforcing the request for the appointment of a new judge. 3. Affidavit to Appeal Judge's Decision — If a judge refuses to recuse themselves despite a well-supported affidavit, a party may choose to file an appeal of the judge's decision. This affidavit highlights the reasons for disqualification, prejudice, or bias as well as why the judge's refusal to recuse themselves is incorrect in light of the evidence presented. Filing an affidavit to disqualify or recuse a judge for prejudice in Florida is an essential legal step to ensure the preservation of fairness and integrity within the judicial system. It allows parties involved in a case to address their concerns regarding a potentially biased judge and seek a more impartial adjudication. However, it is vital to consult and seek guidance from a qualified attorney who can assess the validity and strength of the affidavit before filing it with the appropriate court.
