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.
Fulton Georgia Motion for Refusal of Judge — Removal: Explained In Fulton County, Georgia, a Motion for Refusal of a Judge aims to request the removal of a particular judge from presiding over a legal case. This motion is filed in various legal proceedings, including civil and criminal cases, when a party feels that the judge's impartiality or fairness could be compromised, leading to an unfair trial or outcome. The motion seeks to ensure that a neutral and unbiased judge oversees the case. Keywords: Fulton Georgia, Motion for Refusal, Judge, Removal, legal proceedings, impartiality, fairness, unfair trial, neutral, unbiased judge. Types of Fulton Georgia Motion for Refusal of Judge — Removal: 1. Criminal Case Motion for Refusal: This type of motion is filed in criminal proceedings held in Fulton County, Georgia, where an accused individual or their legal counsel believes the current presiding judge may have personal bias or conflicts of interest that could impact the impartiality of the trial. The motion requests the appointment of a different judge who can ensure a fair trial. 2. Civil Case Motion for Refusal: In civil cases, such as personal injury claims, contract disputes, or family law matters, a party can file a Motion for Refusal if they believe the judge handling their case exhibits bias, prejudice, or a personal relationship with any of the involved parties. The intention is to secure a new judge who can fairly assess and rule on the case. 3. Appellate Motion for Refusal: Appellate courts in Fulton County, Georgia, may receive a Motion for Refusal aiming to challenge a judge's inclusion in a panel that will review a case on appeal. The appellant might assert that the judge has already displayed a predisposition or prior opinion regarding a related legal issue, potentially undermining the overall fairness of the appellate process. 4. Administrative Law Motion for Refusal: In certain administrative law cases, where government agencies or administrative tribunals are involved, a Motion for Refusal can be filed if a party suspects that the assigned administrative judge may have a bias, personal interest, or specific knowledge that could affect their impartiality. The motion aims to ensure a neutral judge oversees the proceedings. 5. Family Law Motion for Refusal: Within the realm of family law, a Motion for Refusal can be submitted if, for instance, a party believes the judge may have an undisclosed personal relationship with the opposing party or their legal representation. The motion asks for the appointment of a different judge who can handle the case objectively and without any conflicts of interest. Overall, a Fulton Georgia Motion for Refusal of a Judge — Removal is a legal tool used to challenge the participation of a judge in a specific case when impartiality or fairness is called into question. It serves to protect the rights of all parties involved and ensure equal and unbiased treatment.
