Georgia Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal

State:
Multi-State
Control #:
US-02219BG
Format:
Word; 
Rich Text
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Description

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.

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FAQ

Rule 2.11(A) states that ?judges shall disqualify themselves in any proceeding in which their impartiality might reasonably be questioned.? The test is whether an objective, disinterested observer, informed of the relevant facts, would have a significant doubt over whether the judge was impartial.

Obvious examples are violations of criminal law, sexual misconduct with staff/attorneys/parties, joining discriminatory organizations and using the judicial position to enhance a private interest.

California Law Regarding Judicial Disqualification The Code of Civil Procedure 170.6 CCP is the California law that says a judge can be disqualified from presiding over a civil lawsuit or criminal trial if the judge seems to be prejudiced against one of the parties or attorneys.

(b) (1) A judge may be removed during his or her term of office by a two-thirds' vote of the entire membership of the governing authority of the municipal corporation for: (A) Willful misconduct in office; (B) Willful and persistent failure to perform duties; (C) Habitual intemperance; (D) Conduct prejudicial to the ...

6.10. All motions to recuse or disqualify a judge presiding in a particular case or proceeding shall be in writing, accompanied by an affidavit asserting the facts upon which the motion is founded, and timely filed.

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Georgia Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal