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 New Mexico Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal is a legal document that allows a party to request the disqualification or refusal of a judge from a case due to perceived bias or prejudice. This affidavit serves as a formal request to remove the judge from the proceedings to ensure a fair and impartial trial. In New Mexico, affidavits to disqualify or recuse a judge can be filed in various situations such as: 1. Personal Bias: If a party believes that the judge has a personal bias or prejudice against them, they can file an affidavit to request the disqualification or refusal of the judge. The affidavit should provide detailed reasons or incidents to support the claim of bias or prejudice. 2. Financial Interest: If a party discovers that the judge has a financial interest or relationship that could potentially influence their impartiality, they can file an affidavit to request the judge's removal from the case. The affidavit should outline the specific conflict of interest and provide evidence or supporting documents. 3. Prior Involvement: If a judge has previously been involved in the same or related case, a party can request their disqualification or refusal to ensure an unbiased and fair trial. The affidavit should detail the previous involvement and explain how it could impact the judge's impartiality. 4. Familiarity or Relationship: If a party believes that the judge has a personal relationship or familiarity with individuals involved in the case, they can file an affidavit to request the judge's removal. The affidavit should provide specific details about the relationship and explain how it may result in bias or prejudice. 5. Violation of Judicial Code of Conduct: If a judge is found to be in violation of the New Mexico Judicial Code of Conduct, a party can file an affidavit to request their disqualification or refusal. The affidavit should specify the alleged violations and provide supporting evidence. To fill out a New Mexico Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal, you will need to include essential information such as the case name and number, the party filing the affidavit, the judge's name, a detailed explanation of the perceived bias or prejudice, and any supporting evidence or documents. It is crucial to consult with an attorney or legal professional familiar with New Mexico law to ensure the proper completion and filing of the affidavit.
