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: Texas Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal Explained Introduction: In Texas, individuals involved in legal proceedings have the right to request the disqualification or refusal of a judge if they believe there is evidence of prejudice or bias. This legal process is known as filing an Affidavit to Disqualify or Recuse Judge for Prejudice. This detailed description aims to provide an overview of this procedure, including its purpose, requirements, and potential outcomes. Definition and Purpose: A Texas Affidavit to Disqualify or Recuse Judge for Prejudice is a legal document filed by a party seeking the removal or refusal of a judge from presiding over their case. The purpose of this affidavit is to present compelling evidence that demonstrates the judge's potential bias, prejudice, or impartiality, which could negatively impact the claimant's fair trial rights. Key Elements of the Affidavit: 1. Preamble: The affidavit begins with a formal introduction, clearly identifying the court, case number, names of parties involved, and the name of the judge against whom the affidavit is filed. 2. Allegations of Bias or Prejudice: The Affine (person filing the affidavit) must provide specific details and instances demonstrating the judge's potential bias or prejudice. This may include prior rulings, comments made in court, personal or professional connections, or any other circumstances that could undermine the judge's impartiality. 3. Supporting Evidence: The affidavit should include any supporting evidence such as affidavits from witnesses, documented instances of prejudiced behavior, or statements from experts in the relevant field. These materials strengthen the credibility of the affidavit and help build a case for disqualification or refusal. 4. Legal Grounds and Authority: The Affine must cite the legal grounds, statutes, or rules that allow for disqualification or refusal of a judge. In Texas, the applicable rules can be found in the Texas Code of Civil Procedure, Rule 18b. 5. Conclusion and Request for Relief: The affidavit concludes by summarizing the allegations of bias and requesting the court to disqualify or recuse the judge from hearing the case. The Affine may also request an alternative judge or the appointment of a visiting judge. Types of Texas Affidavit to Disqualify or Recuse Judge for Prejudice: While the fundamental purpose of the affidavit remains the same, different types may be filed based on the stage of the proceedings. These include: 1. Affidavit to Disqualify/Recuse a Judge at the Start of a Case: Filed soon after the case is assigned to a judge, claiming potential bias based on past rulings, public statements, or personal connections. 2. Affidavit to Disqualify/Recuse a Judge During the Proceedings: Filed during the course of the proceedings if new evidence or circumstances reveal the judge's partiality, prejudiced attitude, or actions that may impede a fair trial. 3. Affidavit to Disqualify/Recuse a Judge on Appeal: Filed after the trial, when appealing a decision, based on evidence of the judge's preconceived notions, unfairness, or prejudgment. Conclusion: Filing a Texas Affidavit to Disqualify or Recuse Judge for Prejudice is a crucial step to ensure a fair trial. This document, supported by credible evidence, serves to safeguard an individual's constitutional right to impartiality. Understanding the purpose, key elements, and types of these affidavits is pivotal for those striving for a just legal process in Texas.
