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.
The Michigan Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal is a legal document used to request the disqualification or refusal of a judge from a case due to perceived prejudice. This affidavit is filed by one party involved in the case who believes that the judge may have a bias or conflict of interest that could affect the impartiality of their decision-making. In the state of Michigan, the affidavit to disqualify or recuse a judge is governed by Michigan Court Rules, specifically MCR 2.003(D). This rule outlines the procedure for filing the affidavit and the grounds on which it can be based. The purpose of the affidavit is to ensure a fair and unbiased trial process, where the judge can make decisions without any preconceived notions or personal biases. It allows the party filing the affidavit to request the replacement of the judge with another who is considered impartial. The affidavit must be carefully drafted and should include specific reasons for the request, such as prior personal or professional relationships between the judge and one party, previous rulings or statements made by the judge that may indicate bias, or any other circumstances that could reasonably lead to a lack of impartiality. It is important to note that the filing of this affidavit is a serious matter and should not be done frivolously. It is the responsibility of the party filing the affidavit to provide sufficient evidence or supporting documentation to substantiate their claim of prejudice. Different types of Michigan Affidavits to Disqualify or Recuse Judge for Prejudice may include: 1. Affidavit to Disqualify or Recuse Judge: This affidavit is filed when a party believes that the judge assigned to their case has a personal or professional relationship with the opposing party that may result in prejudiced decision-making. 2. Affidavit to Disqualify or Recuse Judge based on Past Rulings: This type of affidavit is filed when a party believes that the judge has made previous rulings or statements that indicate a bias against their case. 3. Affidavit to Disqualify or Recuse Judge due to Conflict of Interest: This affidavit is filed when a party believes that the judge has a direct or indirect financial interest in the case or any other conflict that may prevent them from making impartial decisions. In conclusion, the Michigan Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal is a legal tool available to parties involved in court proceedings who believe that the assigned judge may be biased or have a conflict of interest. By filing this affidavit, the party can request the replacement of the judge to ensure a fair trial process. Careful consideration should be given to the grounds on which the affidavit is based, and supporting evidence should be provided to substantiate the claim of prejudice.
