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.
South Dakota Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal is a legal document used in South Dakota courts to request the disqualification or refusal of a judge due to prejudice or bias. This affidavit is filed by a party in a case who believes that the judge assigned to their case may not be impartial or fair. By submitting this affidavit, the party is seeking the removal of the judge from the case to ensure a fair trial or hearing. Keywords: South Dakota, affidavit, disqualify judge, recuse judge, prejudice, refusal, removal, legal document, courts, impartiality, fair trial, hearing. In South Dakota, there are different types of affidavits that can be used to disqualify or recuse a judge: 1. Affidavit of Prejudice: This affidavit is filed when a party believes that the assigned judge is prejudiced or biased against them or their case. It outlines specific instances or actions that indicate the judge's prejudice and requests their disqualification or refusal. 2. Affidavit of Bias: Similar to the affidavit of prejudice, this document is filed when a party believes that the judge exhibits bias in favor of the opposing party or holds personal opinions that may impact their ability to be impartial. It provides evidence or examples of the judge's biased behavior or statements. 3. Affidavit of Conflict of Interest: If a party can demonstrate that the assigned judge has a personal or financial interest in the outcome of the case, they may file an affidavit of conflict of interest. This affidavit highlights any connections or relationships that may compromise the judge's neutrality and requests their removal. 4. Affidavit of Impropriety: In situations where the judge's conduct during the proceedings raises concerns of impropriety or ethical violations, a party can file an affidavit of impropriety. This document outlines specific actions or behaviors of the judge that may affect their ability to preside over the case fairly, requesting their disqualification or refusal. 5. Affidavit of Appearance of Bias: Sometimes, it may not be necessary to prove actual prejudice or bias. In such cases, a party can file an affidavit of appearance of bias, asserting that the circumstances create an appearance of bias or prejudice on the part of the judge. This affidavit aims to maintain public confidence in the judicial system and ensure the perception of fairness. Please note that the specific requirements and procedures for filing these affidavits may vary within South Dakota's legal system. Consulting with a legal professional is recommended to ensure adherence to the appropriate rules and guidelines.
