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Motion for Disclosure of Any Possible Basis of Judicial Recusal

Indiana Motion for Disclosure of Any Possible Basis of Judicial Recusal

Name: Indiana Motion for Disclosure of Any Possible Basis of Judicial Recusal
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Criminal - Motions

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US-00800

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This is a multi-state form covering the subject matter of: Motion for Disclosure of any Possible Basis of Judicial Recusal.

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455(a). There is, however, an exception to the ordinary recusal requirements, known as ?the rule of necessity,? which allows judges to hear a case in which virtually all other available judges would have the same disqualifying interest, and the case could not otherwise be heard.

Rule 2.17 of the Code of Judicial Conduct requires judges to prohibit the broadcast of court proceedings except under a narrow set of exceptions.

There is, however, an exception to the ordinary recusal requirements, known as ?the rule of necessity,? which allows judges to hear a case in which virtually all other available judges would have the same disqualifying interest, and the case could not otherwise be heard.

The judge is only required to order recusal (or refer the matter over to another judge to decide whether recusal is necessary) if a reasonable person, knowing all the facts, would have doubts about the judge's ability to be impartial in the case. See State v.

[1] Under this Rule, a judge is disqualified whenever the judge's impartiality might reasonably be questioned, regardless of whether any of the specific provisions of paragraphs (A)(1) through (6) apply. In many jurisdictions, the term "recusal" is used interchangeably with the term "disqualification."

The rule of necessity is a judicial doctrine that permits a judge or agency decision maker to decide a case even if he or she would ordinarily be disqualified due to bias or prejudice .

Rule 2.9 - Ex Parte Communications (A) A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties or their lawyers, concerning a pending* or impending matter,* except as follows: (1) When circumstances require it, ex ...

A federal statute provides that any federal justice, judge, or magistrate shall recuse ?in any proceeding in which his impartiality might reasonably be ques- tioned,? 28 U.S.C. §455(a), as well as in specific, enumerated circumstances.

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Jul 1, 2023 — A judge who is subject to disqualification that may be waived must disclose the basis of the ... Do you have any questions about the potential ... If an attorney seeks to represent a party in a proceeding before the court on a temporary basis or a basis that is limited in scope, the attorney shall file a ...... a possible motion for disqualification, even if the judge believes there is no basis for disqualification. [6] "Economic interest," as set forth in the ... The denial of a motion to recuse may also provide the basis for a judicial discipline ... File no more than one recusal motion in the case, unless, after you file ... ... judge any reliable information reasonably likely to constitute judicial misconduct or disability. This list does not include all the possible grounds for a ... Jul 15, 2020 — A judge shall disqualify himself or herself in any proceeding in which the judge's ... (4) The judge knows or learns by means of a timely motion ... by LW ABRAMSON · 2007 · Cited by 6 — if the latter is the basis for the motion, the judge may have been unaware of such a potential disqualifying circumstance until the motion was filed. This ... by D Thorley · 2023 — relevant to a possible motion for disqualification, even if the judge believes there is no basis for disqualification.”152. Because in-court disclosure has ... by J SAMPLE · 2008 · Cited by 6 — even if the judge believes there is no real basis for disqualification ... file a motion to recuse a judge based on the fact that an opposing party or ... ... the court orders otherwise, file a disclosure statement. The ... It does not cover all of the circumstances that may call for disqualification under the ...

Indiana Motion for Disclosure of Any Possible Basis of Judicial Recusal

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What is the rule of necessity in the Supreme Court?

What is the rule 2.17 of the Indiana Code of Judicial Conduct?

What is the rule of necessity in recusal?

What are the rules for recusal?

What is a judge's recusal in Indiana?

What does the rule of necessity require?

What is the Rule 2.9 in Indiana?

What is the standard for recusal of a federal judge?

Interesting Questions

What is a motion for disclosure of any possible basis of judicial recusal?

Why would someone file a motion for disclosure of any possible basis of judicial recusal?

What are the possible bases for judicial recusal?

How does a party file a motion for disclosure of any possible basis of judicial recusal?

What happens after a motion for disclosure of any possible basis of judicial recusal is filed?

Can a judge be forced to recuse themselves?

Is filing a motion for disclosure of any possible basis of judicial recusal common?

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