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 Motion for Refusal of Judge, also referred to as a Motion for Removal of Judge, is a legal document filed in New Mexico when one party believes that the presiding judge in their case should be disqualified due to bias, conflict of interest, or other legitimate reasons. This motion seeks to have the judge removed from the case to ensure a fair and impartial trial. In New Mexico, there are different types of Motions for Refusal or Removal of Judge, namely: 1. Motion for Refusal based on Personal Bias: This type of motion asserts that the judge has personal biases or prejudices that could impact their ability to remain impartial during the proceedings. For instance, if the judge has a personal relationship with one of the parties involved or has expressed strong opinions on the matter before the trial, a Motion for Refusal based on personal bias may be appropriate. 2. Motion for Refusal due to Conflict of Interest: This motion argues that the judge has a conflict of interest that could interfere with their objectivity. For example, if the judge has financial or familial ties to one of the parties, they may not be capable of rendering an unbiased decision. In such cases, the party filing the motion seeks the judge's removal and substitution with a neutral judge. 3. Motion for Refusal based on Prior Involvement: This type of motion is filed when the judge has had prior involvement in the same case or a related matter that could affect their neutrality. For instance, if the judge previously ruled on a critical issue related to the case or had knowledge of significant facts that might compromise their impartiality, a motion for refusal based on prior involvement may be applicable. 4. Motion for Refusal due to Appearance of Bias: This motion is based on the belief that the judge's actions or conduct during the proceedings create an appearance of bias, even if there is no actual bias. Perception of unfairness can be just as damaging to the integrity of the trial. To maintain public confidence in the judicial system, a motion for refusal based on the appearance of bias may be filed. It is important to note that filing a Motion for Refusal of Judge should be supported by specific facts, evidence, or legal grounds. Merely disagreeing with the judge's rulings or decisions is typically insufficient to warrant a refusal.
