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.
Kentucky Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal Introduction: A Kentucky Affidavit to Disqualify or Recuse Judge for Prejudice is a legal document filed by a party in a case to request the removal of a judge from presiding over their case due to perceived bias or prejudice. This affidavit is crucial in ensuring a fair and impartial legal proceeding, and it allows parties to address any potential concerns regarding the judge's objectivity. Key Elements of a Kentucky Affidavit to Disqualify or Recuse Judge for Prejudice: 1. Identification of parties: The affidavit should clearly state the names of the plaintiff, defendant, and judge involved in the case. 2. Jurisdiction: Specify the court where the case is being heard and any pertinent details related to jurisdiction. 3. Grounds for disqualification: The affidavit should outline the specific reasons why the party believes the judge should be disqualified. This can include demonstrating instances where the judge has expressed prejudice, bias, personal interest, or any conduct that might question their ability to provide a fair hearing. 4. Supporting evidence: Provide any supporting evidence that can substantiate the claims made in the affidavit, such as transcripts, exhibits, witness statements, or documented incidents of prejudiced behavior by the judge. 5. Sworn statement: The affidavit must be signed by the party making the request, and they must include a sworn statement confirming the truthfulness and accuracy of the information provided. Types of Kentucky Affidavit to Disqualify or Recuse Judge for Prejudice: While the general purpose of the affidavit remains the same, there might be slight variations depending on the context of the case or the level of court involved. Some common types include: 1. Criminal cases: Affidavits filed in criminal cases where a party feels the judge's bias or prejudice might affect the outcome. 2. Civil cases: Affidavits filed in civil cases, including personal injury, contract disputes, or family law proceedings, to ensure an unbiased judge oversees the case. 3. Appellate cases: Affidavits submitted during the appeals process if the party believes the trial judge exhibited prejudiced behavior that may have influenced the initial trial's outcome. Conclusion: In Kentucky, filing an Affidavit to Disqualify or Recuse a Judge for Prejudice is a necessary legal measure to maintain fairness and justice in the legal system. This document allows parties to request a different judge when they have reasonable concerns about the current judge's impartiality. By providing a detailed account of any biased or prejudiced behavior, supported by evidence, the affidavit plays a vital role in upholding the principles of justice in Kentucky's courts.
