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.
Iowa Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal An Iowa Affidavit to Disqualify or Recuse a Judge for Prejudice is a legal document used in the state of Iowa to request the removal of a judge from a case due to potential bias or prejudice. This affidavit provides a formal way for parties involved in a legal matter to challenge the impartiality of the presiding judge. It is crucial to ensure a fair and unbiased trial for all parties involved. The affidavit serves as a formal written statement outlining the reasons why a judge's prejudice may taint the administration of justice. By submitting this affidavit, the party making the request aims to protect their constitutional rights to a fair trial and impartial judiciary. Key elements of an Iowa Affidavit to Disqualify or Recuse a Judge for Prejudice: 1. Introduction and Heading: Begin the affidavit by clearly stating the heading, which should include the full name of the court, the case number, and the parties involved. 2. Affine Information: Provide the affine's (person filing the affidavit) full name, address, and contact details. 3. Judge's Information: Include the judge's full name, the court they preside over, and their contact details, if available. 4. Grounds for Refusal/Disqualification: Clearly state the reasons why the affine believes the judge should be recused or disqualified. These may include any past relationships or conflicts of interest that could impair the judge's impartiality. 5. Supporting Facts: Provide detailed facts or incidents that support the allegations made against the judge. These should be specific instances or statements that demonstrate biased behavior or potential prejudice. 6. Legal Basis: Cite relevant sections of the Iowa Code or other applicable laws that support the request for refusal or disqualification. It is essential to demonstrate that the request is based on statutory provisions or legal precedent. 7. Signature and Notarization: The affidavit must be signed by the affine in the presence of a notary public. The notary public will verify the affine's identity and witness the signing of the document. Different Types of Iowa Affidavit to Disqualify or Recuse Judge for Prejudice: While there might not be specific "types" of Iowa Affidavit to Disqualify or Recuse Judge for Prejudice, the affidavits may vary based on the specific details and circumstances of each case. The grounds for refusal or disqualification will differ depending on the allegations made by the affine. Examples of Iowa Affidavit variations may include: 1. Affidavit to Disqualify or Recuse Judge for Personal Relationship: If the judge has a personal relationship with one of the parties involved in the case, an affidavit might focus on potential bias arising from that particular relationship. 2. Affidavit to Disqualify or Recuse Judge for Bias or Prejudice: In cases where a judge has shown overt bias or prejudiced behavior, the affidavit will likely highlight specific incidents that demonstrate such bias. It is essential to consult with a legal professional to determine the best approach for filing an Iowa Affidavit to Disqualify or Recuse Judge for Prejudice, as the content and strategy may vary depending on the unique circumstances of each case.
