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 the Oklahoma Motion for Refusal of Judge — Removal: Procedures and Types Introduction: The Oklahoma Motion for Refusal of Judge — Removal is a legal process used in the state's judicial system to seek the disqualification or removal of a judge from a case. This detailed description aims to shed light on the procedures involved in filing this motion, its importance, and the different types of refusal motions applicable in Oklahoma courts. 1. What is a Motion for Refusal of Judge? A Motion for Refusal of Judge is a legal document filed by a party or an attorney requesting the disqualification or removal of a judge from presiding over a particular case. This motion is typically filed when a party believes that the judge's impartiality may be compromised due to potential bias, conflict of interest, or other justifiable grounds. 2. Procedures for Filing a Motion for Refusal in Oklahoma: a) Drafting the Motion: The party or attorney must prepare a written document outlining the reasons for the refusal request. This document should clearly state the specific grounds upon which the motion is based. b) Filing with the Court: The completed motion must be filed with the clerk of the court where the case is pending. It is essential to follow the court's specific filing requirements, including any mandatory forms or attachments. c) Serving the Opposing Party: After filing, the moving party must serve a copy of the refusal motion to all other involved parties in the case. Prompt and proper service ensures all parties have notice and an opportunity to respond. d) Responding to the Motion: Once served, the opposing party has the opportunity to respond to the refusal motion within a specified timeframe. The court may schedule a hearing to consider arguments from both sides. e) Decision by the Court: The court reviews the motion, considers all arguments, and then renders a decision on whether to grant or deny the refusal request. If granted, a different judge will be assigned to the case. 3. Types of Oklahoma Motions for Refusal of Judge: a) Bias or Prejudice: This type of motion is filed when a party believes the judge has demonstrated a significant bias or prejudice that may affect their ability to receive a fair trial. b) Conflict of Interest: If a party believes the judge has a personal or financial interest in the outcome of the case, they can file a refusal motion based on conflict of interest grounds. c) Prior Involvement: When a judge has had prior involvement or a personal relationship with one of the parties, a motion may be filed to seek refusal due to the potential for bias. d) Demonstrable Impropriety: This type of motion is filed if there is evidence of serious misconduct or unethical behavior on the part of the judge that may compromise the fairness of the proceedings. Conclusion: The Oklahoma Motion for Refusal of Judge — Removal is an important legal tool to uphold the principles of fairness and impartiality within the state's judicial system. By following the proper procedures and identifying the appropriate grounds, parties can seek the disqualification or removal of a judge when a genuine concern about their objectivity arises.
