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 Pennsylvania Affidavit to Disqualify or Recuse Judge for Prejudice, also known as the Affidavit for Refusal or Removal, is a legal document used in the state of Pennsylvania when a party involved in a court case believes that the presiding judge cannot impartially handle the case due to prejudice or bias. This affidavit is filed to request the judge's disqualification or refusal from the case, ensuring a fair and unbiased trial. There are different types of Pennsylvania Affidavit to Disqualify or Recuse Judge for Prejudice based on specific grounds for disqualification: 1. Personal Prejudice: This type of affidavit is applicable if the party reasonably believes that the judge has personal prejudice against them or their attorney, which could potentially affect the judge's ability to make unbiased decisions. 2. Financial Interest: In cases where the judge has a personal or financial interest in the outcome of the case, this type of affidavit can be filed to request the judge's disqualification or refusal. 3. Prior Representation or Relationship: When the judge has previously represented or had a significant relationship with a party or their attorney, this affidavit can be used to argue for the judge's disqualification or refusal. 4. Bias or Prejudice Based on Race, Gender, or Religion: If the party believes that the judge has exhibited bias or prejudice based on race, gender, religion, or any other protected characteristic, this type of affidavit can be utilized to request the judge's removal from the case. Filing the Affidavit to Disqualify or Recuse Judge for Prejudice is an important step in ensuring a fair legal process. However, it's essential to consult with an experienced attorney who can guide you through the specific requirements and procedures involved in Pennsylvania.
