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.
Guam Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal is a legal document that individuals can use to challenge a judge's impartiality or bias in a certain case. This affidavit is crucial in situations where the parties involved believe that the judge's personal opinions, relationships, or actions create a potential for unfair treatment or prejudice. By filing an Affidavit to Disqualify or Recuse Judge for Prejudice, individuals are seeking the refusal or removal of the judge from the case, aiming to ensure a fair trial or legal process. In Guam, there are several types of Affidavits to Disqualify or Recuse a judge, including: 1. Personal Bias: This type of affidavit claims that the judge in question has a personal bias or prejudice regarding the case or any of the parties involved. Personal bias may be rooted in the judge's personal relationships, previous rulings, or public statements that may indicate a lack of impartiality. 2. Conflict of Interest: This affidavit alleges that the judge has a conflict of interest that could compromise their ability to make fair and unbiased decisions. Such conflicts can arise from financial or professional connections with any of the parties involved or their legal representatives. 3. Extrajudicial Statements: This type of affidavit focuses on any public or private statements made by the judge that suggest a predetermined opinion or bias towards the case or parties involved. Extrajudicial statements can include remarks made in media interviews, public appearances, or social media posts. 4. Prior Rulings: This affidavit argues that the judge's past rulings in similar cases demonstrate a lack of impartiality or a consistent bias that could influence the current proceedings negatively. 5. Judicial Misconduct: This type of affidavit addresses cases where the judge's conduct during the trial or legal process is questionable or unethical. This may involve instances of discriminatory behavior, inappropriate language, misconduct towards the parties or their attorneys, or failure to maintain decorum and fairness. Filing an Affidavit to Disqualify or Recuse a judge requires careful preparation and strong supporting evidence. Affronts must gather relevant documentation, witness statements, legal precedents, and case-related data to strengthen their claims. It is essential to consult with an experienced attorney who specializes in judicial ethics and refusal rules to ensure the affidavit's substance and validity. By utilizing the Guam Affidavit to Disqualify or Recuse Judge for Prejudice, individuals can question a judge's impartiality to safeguard their rights to a fair and just legal process.
