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.
Ohio Affidavit to Disqualify or Recuse Judge for Prejudice — Recusal or Removal is a legal document filed by a party involved in a case in Ohio, seeking the disqualification or refusal of a judge due to perceived prejudice. This affidavit serves to protect the rights of all parties involved in the proceedings and maintain fairness in the judicial system. In Ohio, there are various circumstances in which an individual may file an Affidavit to Disqualify or Recuse a Judge for Prejudice. While the specific circumstances may vary depending on the case, some common grounds include: 1. Bias or Personal Interest: If a party believes that a judge has a personal interest or bias that could affect their impartiality in the case, they may file an affidavit requesting the judge's disqualification or refusal. This typically includes instances where the judge has a close relationship with one of the parties or has a financial or personal interest in the outcome of the case. 2. Prior Involvement: Another ground for filing an affidavit is when a judge has previously been involved in the case or has personal knowledge that could impair their ability to be impartial. For instance, if a judge has presided over a related matter or has personal knowledge that may influence their decision-making, a party may request their disqualification. 3. Public Statements or Prejudice: If a judge has made public statements or exhibited prejudice, which could compromise their ability to hold an unbiased view, a party may file an affidavit seeking their removal. This may include instances where a judge has expressed strong opinions about the case or the parties involved outside the courtroom. The Ohio Affidavit to Disqualify or Recuse Judge for Prejudice — Recusal or Removal must be completed accurately and submitted to the appropriate court. It should contain specific details about the alleged prejudice or bias, as well as supporting evidence or documentation, if available, to strengthen the request. It is essential to consult with an attorney experienced in Ohio law to ensure the proper filing of an affidavit. They can guide individuals through the process, help gather evidence if necessary, and provide advice on how best to present the request to the court. By utilizing the Ohio Affidavit to Disqualify or Recuse Judge for Prejudice — Recusal or Removal, individuals can address potential issues of bias or prejudice and uphold the principles of fairness and justice in the legal system.
