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: Georgia Motion for Refusal of Judge — Removal: Detailed Description and Types Introduction: The Georgia Motion for Refusal of Judge — Removal is a powerful legal tool used to request the disqualification or removal of a judge from a case in the state of Georgia. This motion is typically filed when there is a concern of the judge's impartiality, bias, or conflict of interest, which could potentially impact the fairness of the proceedings. This detailed description explores the purpose, procedure, and different types of Georgia Motions for Refusal of Judge — Removal. 1. Purpose of Georgia Motion for Refusal of Judge — Removal: The purpose of filing a Georgia Motion for Refusal of Judge — Removal is to ensure a fair and unbiased legal process by removing a judge who may be unable to render impartial decisions due to conflicts or biases. The motion serves to protect the parties' constitutional right to a fair trial and maintains the integrity of the justice system. 2. Procedure for Filing a Georgia Motion for Refusal of Judge — Removal: a. Drafting the Motion: The motion must be drafted carefully, providing specific reasons and evidence supporting the request for refusal or removal. b. Filing the Motion: The motion is then filed with the court where the case is being heard, following the prescribed format and court rules. c. Serving the Motion: A copy of the filed motion must be properly served to all involved parties and the judge in question. d. Hearing and Decision: The court will schedule a hearing to evaluate the merit of the motion, allowing all parties an opportunity to present their arguments before a decision is made. 3. Different Types of Georgia Motion for Refusal of Judge — Removal: a. Motion based on Personal Bias: This type of motion argues that the judge has a personal bias or prejudice that might affect their ability to offer an unbiased decision in the case. b. Conflict of Interest Motion: This motion asserts that the judge has a conflict of interest that may compromise their neutrality or impartiality. For example, if the judge has a financial or familial relationship with one of the parties involved. c. Appearance of Bias Motion: This motion contends that even if there is no actual bias or conflict of interest, the circumstances or behavior of the judge may give the appearance of bias, potentially undermining the perception of fairness. d. Any Other Valid Grounds Motion: Parties may also file motions using other legitimate grounds recognized by Georgia law to establish the need for refusal or removal, such as prior involvement in the case or personal connections with individuals related to the case. Conclusion: The Georgia Motion for Refusal of Judge — Removal allows litigants to address concerns of partiality or conflict of interest that could jeopardize the fairness of a legal proceeding. By filing this motion with proper evidence and supporting arguments, parties seek to protect their constitutional rights to an impartial trial. Various types of motions, including those based on personal bias, conflict of interest, appearance of bias, or any other valid grounds, can be used to request the refusal or removal of a judge in Georgia.
