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.
The Oregon Affidavit to Disqualify or Recuse Judge for Prejudice, commonly known as a refusal or removal affidavit, is a legal document that allows a party to request the removal of a judge from a case due to demonstrated bias or prejudice. This affidavit is an important tool in ensuring fair and impartial proceedings within the Oregon judicial system. When filing an Affidavit to Disqualify or Recuse a Judge in Oregon, it is crucial to include relevant keywords to accurately describe the process and its variations. Here is a detailed description of the document, incorporating pertinent keywords: I. What is an Oregon Affidavit to Disqualify or Recuse Judge for Prejudice? An Oregon Affidavit to Disqualify or Recuse Judge for Prejudice is a legal instrument utilized in the state of Oregon to petition the court for the removal of a judge from a case involving demonstrated bias or prejudice. This affidavit serves as a formal request to disqualify the judge and ensures fair treatment and unbiased decision-making. II. Keywords related to the Oregon Affidavit to Disqualify or Recuse Judge for Prejudice: 1. Affidavit: A written statement made under oath or affirmation by an individual, attesting to specific facts or events. In this case, the affidavit outlines the reasons and evidence supporting the request for the removal of a judge due to demonstrated bias. 2. Disqualify: To render a judge ineligible to preside over a particular case based on issues such as bias, personal interest, or other conflicts, ensuring an impartial trial. 3. Recuse: The act of a judge voluntarily removing themselves from a case due to a perceived conflict of interest or possible bias, or when requested by a party through the filing of an affidavit. 4. Prejudice: The preconceived bias or partiality displayed by a judge, which may affect their ability to objectively evaluate the evidence or make impartial decisions. 5. Removal: The act of permanently withdrawing a judge from overseeing a specific case or removing them from their judicial duties due to a demonstrated bias or inability to provide fair and impartial proceedings. III. Types of Oregon Affidavit to Disqualify or Recuse Judge for Prejudice: While there may not be distinct "types" of refusal or removal affidavits under Oregon law, these affidavits can be filed in various situations, including but not limited to: 1. Personal Bias: When a party believes the judge has a personal bias against them or their case that would hinder fair judgment. 2. Actual Prejudice: When the party presents evidence indicating that a judge has exhibited actual prejudice, such as favoring one party over another, thereby compromising the impartiality of the proceedings. 3. Appearance of Bias: When the party believes that the judge's actions or statements create a reasonable perception of partiality, even if actual prejudice is not proven. 4. Past Rulings: If a judge's past rulings consistently show a prejudiced inclination or bias towards a specific issue or party, it may warrant a request for refusal. In conclusion, an Oregon Affidavit to Disqualify or Recuse Judge for Prejudice allows parties to seek the removal of a biased judge or a judge who may appear to be biased. By using keywords relevant to the affidavit's purpose, this detailed description provides an understanding of its significance and the various circumstances under which it might be invoked.
