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.
Hawaii Motion for Refusal of Judge — Removal is a legal procedure initiated by a party involved in a court case to request the removal of a judge from presiding over the proceedings. This motion is typically filed when a party believes that the judge's impartiality may be compromised or when there is a conflict of interest affecting the judge's decision-making ability. Various types of Hawaii Motion for Refusal of Judge — Removal include: 1. Bias or Prejudice: This type of motion may be filed if there is evidence or reasonable belief that the judge has shown bias or prejudice towards a particular party, their attorney, or the case itself. The motion should present specific instances or credible information supporting the claim. 2. Personal Interest or Relationship: If it can be proven that the judge has a personal interest, financial stake, or a close relationship with any individuals involved in the case, a motion for refusal based on personal interest or relationship can be filed. The purpose is to ensure an unbiased and fair trial by eliminating any potential conflicts of interest. 3. Prior Knowledge or Involvement: In situations where the judge has prior knowledge, involvement, or familiarity with the case, a motion for refusal can be submitted. This motion asserts that the judge's prior exposure may prevent them from making impartial decisions and therefore calls for their removal from the case. 4. Due Process Violation: When a party believes that their right to a fair trial or due process has been violated by the judge's actions or behavior, they may file a motion for refusal based on due process violation. Such motion could be supported by instances where the judge's conduct undermines the fundamental principles of justice. To initiate a Hawaii Motion for Refusal of Judge — Removal, the party must submit a formal written motion to the court stating the reasons for their request. This motion should be supported by evidence, legal precedent, and a persuasive argument as to why the judge's removal would be in the best interest of justice and the fair administration of the case. It should be noted that motions for refusal are subject to judicial review, and the decision to grant or deny such a motion ultimately lies with the court.
