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 New Jersey Motion for Refusal of Judge — Removal: A Comprehensive Guide Keywords: New Jersey, motion for refusal of judge, removal, legal procedure, court, reasons, grounds, judge bias Introduction: In the state of New Jersey, a Motion for Refusal of Judge — Removal is an important legal procedure aimed at ensuring fair and impartial proceedings. This comprehensive guide will delve into the specifics of such motions, including their purpose, grounds, and different types, providing a thorough understanding of the process. I. Purpose of a New Jersey Motion for Refusal of Judge — Removal: A Motion foRefusalal of Judge — Removal in New Jersey seeks to disqualify a judge from a case for potential bias or conflict of interest, thereby guaranteeing the parties a fair trial. The motion serves as a mechanism for parties to address concerns regarding the judge's impartiality or ability to render an unbiased decision. II. Grounds for Filing a New Jersey Motion for Refusal of Judge — Removal: 1. Bias: Allegations of personal bias or prejudice on the part of the judge, which may impact their ability to remain impartial. 2. Conflict of Interest: Situations where the judge may have a personal or financial interest in the outcome of the case, compromising their impartiality. 3. Prejudgment: Accusations that the judge has already formed an opinion on the matter before hearing all the evidence. III. Procedure for Filing a New Jersey Motion for Refusal of Judge — Removal: 1. Draft and file the motion: The moving party (plaintiff or defendant) or their attorney must prepare a written Motion for Refusal of Judge — Removal, clearly stating the grounds for refusal and providing supporting evidence. 2. Serve the opposing party: Serve a copy of the motion to the opposing party or their attorney, notifying them of the intention to request the judge's removal from the case. 3. Argument before the court: Present oral arguments outlining the reasons for refusal, including any relevant facts and evidence, to the judge assigned to hear the motion. 4. Decision on the motion: The judge will evaluate the arguments and evidence, considering the applicable law and precedents, and make a determination on the motion. IV. Types of New Jersey Motion for Refusal of Judge — Removal: 1. Criminal Cases: Motions seeking removal of a judge from criminal proceedings due to concerns of bias or conflict of interest. 2. Civil Cases: Motions filed in civil cases, such as personal injury lawsuits or contract disputes, where the impartiality of the judge is questioned. 3. Family Court: Motions pertaining to family law matters, including divorce, child custody, or support, where the assigned judge's fairness may be called into question. 4. Appeals: Motions filed during the appellate process, requesting a different judge to be assigned due to concerns over prior decisions or potential bias. Conclusion: In New Jersey, a Motion for Refusal of Judge — Removal is a crucial legal tool that ensures an impartial judiciary and upholds the principles of justice. By understanding the purpose, grounds, and various types of such motions, individuals involved in legal proceedings can navigate the process effectively, ensuring a fair resolution of their case.
