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.
Oregon Motion for Refusal of Judge — Removal A Motion foRefusalal of Judge is a legal document filed in a court of law in Oregon, seeking the removal of a judge from a case due to certain reasons that may compromise their impartiality or ability to conduct a fair trial. It is an essential tool for ensuring that justice is served and parties receive a fair and unbiased hearing. There are several grounds on which a motion for refusal can be filed in Oregon. These include: 1. Bias or prejudice: If the judge has shown a bias towards a party, attorney, or issue in the case, a motion for refusal can be filed. This is crucial as impartiality is crucial to maintaining the integrity of the judicial system. 2. Personal interest: When a judge has a personal interest in the outcome of a case, such as a financial stake or a personal relationship with one of the parties, it raises concerns about their ability to make an unbiased decision. A motion for refusal can be filed in such cases. 3. Prior involvement: If the judge has previously been involved in the case, either as an attorney, witness, or in any other capacity, it can create a perception of bias. In such instances, a motion for refusal can be filed to ensure a fair trial. 4. Prejudicial statements or conduct: If the judge has made prejudicial statements related to the case, or has engaged in conduct that raises doubts about their impartiality, a motion for refusal becomes necessary. 5. Failure to follow procedural rules: If the judge repeatedly fails to follow the established rules of procedure, it may undermine the fairness of the trial and necessitate a motion for refusal. It is important to note that filing a motion for refusal does not guarantee the removal of a judge. The decision ultimately rests with the court, which will weigh the arguments presented and determine whether the grounds for refusal are valid. If the motion is successful, a new judge will be assigned to the case to ensure a fair trial. In summary, an Oregon Motion for Refusal of Judge — Removal is a legal tool used to request the removal of a judge from a case due to concerns about bias, personal interest, prior involvement, prejudicial conduct, or failure to follow procedural rules. It plays a vital role in protecting the rights of the parties involved and upholding the principles of justice and fairness in the judicial system.
