Dallas Texas Motion for Recusal of Judge - Removal

Name: Dallas 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:

Dallas

Control #:

US-02218BG

Format:

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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How to fill out Dallas Texas Motion For Recusal Of Judge - Removal?

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FAQ

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 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.

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.

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.

What are the Consequences of Judges Not Recusing Themselves When Necessary? If a judge declines recusal even though they were aware that proper grounds existed, then there may be significant repercussions. First, the result of the case can be reviewed by an appellate court, and an entirely new trial may be ordered.

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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In the Matter of Holcomb, 418 S.E.2d 63 (Georgia. 15 -- Disqualification of Family Court Commissioner.We may have to argue against a recusal when a defendant is trying to force a judge to be removed, or we may need to file the recusal motion ourselves. Notice of Hearing on Petition for Order of Protection. Effectively unreviewable sanctions on numerous Department of Justice attorneys ranging from individual line attorneys to an Assistant Attorney General. Appointment and removal of judges. Are there other grounds for removal of a judge? — Are there other grounds for removal of a judge? In other words, each member of the Court has considered the motion to recuse with Justice.

Dallas Texas Motion for Recusal of Judge - Removal

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