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.
Wisconsin Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal: Overview and Types The Wisconsin Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal serves as a legal tool when a party in a court proceeding believes that the presiding judge may have personal bias or prejudice that could affect the fairness of the case. This affidavit allows the party to request the judge's voluntary refusal or removal from the case. It ensures that the proceedings maintain impartiality and uphold the principles of justice. There are two key types of Wisconsin Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal based on the stage of the legal process: 1. Pretrial Affidavit: This affidavit is filed before the beginning of a trial. It presents the party's argument and supporting evidence as to why the judge should recuse themselves from the case due to bias or prejudice. The party must provide specific examples or incidents that demonstrate the potential for partiality. 2. Post-trial Affidavit: This affidavit is filed if the party discovers evidence of the judge's bias or prejudice after the conclusion of a trial, but before the judgment is rendered. It can be used to request the judge's refusal or removal even though the trial may have concluded. When drafting the Wisconsin Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal, it's crucial to include relevant keywords and information according to the specific case. Some essential keywords to consider include: 1. Judge disqualification 2. Judge refusal 3. Prejudice 4. Bias 5. Impartiality 6. Legal ethics 7. Due process 8. Fair trial 9. Court proceedings 10. Evidence of bias 11. Legal motion 12. Judicial misconduct 13. Judicial ethics 14. Request for removal 15. Wisconsin court system Remember, each case may have unique circumstances, so tailoring the content to the specific situation is necessary. Including detailed examples and specific incidents can bolster the credibility of the affidavit and increase the chances of a successful refusal or removal. Legal professionals should exercise caution when filing such affidavits and consult with an attorney to ensure that all relevant laws and rules are followed.
