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.
Title: Understanding the Indiana Motion for Refusal of Judge — Removal: Types and Overview Introduction: The Indiana Motion for Refusal of Judge — Removal is a legal mechanism designed to request the disqualification or removal of a judge from presiding over a case. This article provides a detailed description of this motion, its purpose, the process, and the different types of circumstances that may necessitate its filing. I. Overview of the Indiana Motion for Refusal of Judge — Removal: The Indiana Motion for Refusal of Judge — Removal serves as a formal request made to the court, urging the disqualification or removal of a judge from a specific case. This motion aims to ensure an unbiased, fair trial and maintain the integrity of the judicial process. II. Circumstances Calling for a Motion for Refusal of Judge — Removal: 1. Bias or Prejudice: If a party believes that a judge harbors bias or prejudice that may affect their ability to make impartial decisions, they can file a motion for refusal. Allegations of bias can arise from personal relationships, prior involvement in the case, or a demonstrable conflict of interest. 2. Appearance of Impropriety: Even if no actual bias or prejudice exists, a party may still file a motion for refusal if there is a reasonable apprehension that the judge's impartiality could be reasonably questioned, based on their conduct or actions inside or outside the courtroom. III. Filing a Motion for Refusal of Judge — Removal: 1. Timing and Procedure: The motion should generally be filed promptly after the party becomes aware of the grounds for refusal. It must comply with the court's specific rules and procedures. An attorney usually files the motion on behalf of their client. 2. Contents of the Motion: The motion must provide factual evidence supporting the grounds for refusal. This may include citing specific acts, statements, or behaviors exhibited by the judge that demonstrate bias, prejudice, or the appearance of impropriety. IV. Process and Decision by the Court: 1. Response by the Other Party: The opposing party typically has an opportunity to respond to the motion, either agreeing or contesting the grounds for refusal. 2. Factors Considered by the Court: The judge presiding over the case will review the motion and consider factors such as the seriousness of the alleged bias, how it may impact the case, and the potential harm to the integrity of the justice system if the refusal is granted or denied. 3. Decision and Ruling: The court will then decide whether to grant or deny the motion. If granted, another judge will be assigned to the case. If denied, the original judge will continue presiding over the case. Conclusion: The Indiana Motion for Refusal of Judge — Removal is essential to ensuring a fair and impartial judicial process. By having a mechanism in place to address potential biases or conflicts of interest, this motion helps maintain the integrity and public trust in the Indiana judicial system. Parties and their attorneys should be familiar with the requirements and procedures related to filing this motion to protect their clients' rights.
