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.
A Mississippi Affidavit to Disqualify or Recuse Judge for Prejudice is a legal document filed by a party in a court case to request the disqualification or refusal of a judge who may exhibit bias or prejudice that could hinder the impartiality of the proceedings. This affidavit plays a crucial role in ensuring fair and just trials by allowing parties to present evidence of circumstances that may reasonably result in a biased judgment. The process of filing a Mississippi Affidavit to Disqualify or Recuse Judge for Prejudice involves several key steps. First, the party seeking the judge's refusal must gather evidence supporting their claim of bias or prejudice. This may include the judge's prior actions or statements, personal or financial connections with any involved party, or any other circumstances that raise reasonable doubts about the judge's impartiality. Once the evidence has been collected, the party must draft a formal affidavit that clearly outlines the reasons for the disqualification or refusal request. It is essential to include specific details and instances demonstrating the alleged bias or prejudice, as general allegations may not be sufficient to justify the judge's removal. In Mississippi, there are two main types of affidavits commonly used for disqualifying or recusing a judge. The first is the "Affidavit of Prejudice" under Mississippi Code Section 9-1-15. This affidavit allows either party in a civil or criminal case to request the disqualification of a judge without stating any specific grounds. Under this provision, a party has an absolute right to disqualify one judge from presiding over the case. However, this request can only be made once per party, and it must be filed before any substantial trial or hearing occurs. The second type is the "Motion to Recuse" or "Affidavit to Recuse." This type of affidavit is filed under Mississippi Rule of Civil Procedure 40A or Mississippi Rule of Criminal Procedure 9.13. It requires the party seeking the judge's refusal to provide specific grounds for their belief that the judge is prejudiced or biased. These grounds can include the judge's prior involvement in the case, personal or professional connections to the parties, or any other factor that could reasonably influence the judge's impartiality. It is crucial to support these grounds with clear and compelling evidence. Once the affidavit is prepared, it must be filed with the court and served to all involved parties. The court will then evaluate the affidavit and make a determination regarding the judge's disqualification or refusal. The judge has an opportunity to respond to the allegations raised in the affidavit, and the court's decision will depend on the strength of the evidence presented. In summary, a Mississippi Affidavit to Disqualify or Recuse Judge for Prejudice is a legal document used to request the removal of a judge from a case due to alleged bias or prejudice. There are two main types of affidavits used in Mississippi: the Affidavit of Prejudice, which allows for a judge's disqualification based solely on the party's right to do so, and the Motion to Recuse or Affidavit to Recuse, which requires specific grounds and supporting evidence to justify the request. These affidavits play a vital role in ensuring fair and impartial trials by addressing potential conflicts of interest or bias that could undermine the justice system.
