How do you recuse a person?

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Motion for Recusal of Judge - Removal

Bexar Texas Motion for Recusal of Judge - Removal

Name: Bexar Texas Motion for Recusal of Judge - Removal
Brand: US Legal Forms
Rating: 4.57 (459 reviews)

Category:

Civil Procedure - Motions - Recusals

State:

Multi-State

County:

Bexar

Control #:

US-02218BG

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Instant download

Description

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.

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Six steps to saving a life without risking your own Keep alert. Don't expect a casualty to be shouting for help.Resist temptation. Don't be tempted to go in.Call 999 or 112. Call the emergency services before you do anything else, so help will be on its way.Shout and signal.Find a rescue aid.Safe rescue.

A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. The motion can be brought by either a prosecutor or a defense attorney. And, a motion to recuse can be filed in either a civil suit or in a criminal trial.

Proceedings shall be by majority vote of those present, except that recommendations for retirement, censure, suspension or removal of any Judge shall be by affirmative vote of at least seven (7) members.

Any party in a lawsuit may request that a judge recuse him or herself. The Supreme Court addressed recusal in the 2009 case Caperton v. A. T. Massey Coal Co. (08-22).

The Due Process clauses of the United States Constitution require judges to recuse themselves from cases in two situations: Where the judge has a financial interest in the case's outcome. Where there is otherwise a strong possibility that the judge's decision will be biased.

Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer.

A recusal is appropriate when a conflict of interest exists between an employee's job duties and financial interests (including interests in future employment) or certain business or personal relationships or outside activities. Employees are strongly encouraged to document their recusals in writing.

The only conditions that can be grounds for their removal are proven misbehavior and incapacity to act as judge. Article 124 of the Constitution states that by an order of the President a Supreme Court justice can be removed from his or her office.

The Commission itself cannot remove a judge. Under the provisions of the formal proceeding process, only the Review Tribunal may order a judge removed from the bench. The Supreme Court retains appellate authority over the decision of the Review Tribunal.

A motion to recuse: (A) must be filed as soon as practicable after the movant knows of the ground stated in the motion; and (B) must not be filed after the tenth day before the date set for trial or other hearing unless, before that day, the movant neither knew nor reasonably should have known: (i) that the judge whose

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Defects in the Motion to Recuse judge to hear such motion. (1). The DA's office said during the hearing it would file its own motion to recuse on Friday and Key would decide.The bench after completing their education requirements. Administrative Law Judges at State Office of Administrative Hearings . 310 (removing limitation on filling of vacancy); act Mar. Another recently filed complaint and filling in the names of their clients. They can be distracting to you, the Judge and other parties in the courtroom.

Bexar Texas Motion for Recusal of Judge - Removal

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