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 a judge in New York refers to a legal process of requesting the removal of a judge from a particular case due to a conflict of interest, bias, or any other circumstance that may compromise their impartiality. This motion aims to ensure a fair and impartial trial by requesting a replacement judge who does not have any personal or professional interest that may hinder their ability to render an unbiased decision. The types of New York motions for refusal of a judge can vary depending on the specific circumstances or grounds for refusal. Some common types include: 1. Conflict of Interest: If the judge has a direct or indirect personal interest in the outcome of the case or any connection to the parties involved that may affect their impartiality, a motion for refusal can be filed. This could include a financial or familial relationship, prior involvement in the case, or personal bias. 2. Appearance of Bias: In cases where there is a reasonable perception of bias or prejudice on the part of the judge, a motion for refusal can be initiated. This could be based on past statements, previous rulings, or any conduct that implies a lack of impartiality. 3. Prejudicial Conduct: If the judge has demonstrated conduct during the trial that indicates a preconceived bias or a predisposition towards a particular outcome, a motion for refusal can be filed. This may involve unfair treatment of one party, disallowing crucial evidence, or making prejudiced remarks. 4. Judicial Misconduct: In instances where the judge has engaged in unethical or improper behavior that compromises their ability to preside over the case fairly, a motion for refusal can be pursued. This might involve engaging in ex parte communications, sharing confidential information, or acts that violate the code of judicial conduct. 5. Statutory Disqualification: There may be statutory provisions in New York law that automatically disqualify a judge from presiding over certain types of cases. If a judge fails to meet the criteria outlined in these statutes, a motion for refusal can be lodged. When filing a motion for refusal of a judge in New York, it is important to provide a detailed explanation of the grounds for the motion and present supporting evidence or legal precedents. The motion should be filed in accordance with the applicable court rules and procedures, with proper notice given to all parties involved. Ultimately, the decision to grant or deny the motion rests with the court, and it is crucial to present a strong and compelling argument to convince the court of the need for a new judge.
