How do you recuse a person?

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Motion for Recusal of Judge - Removal

Montgomery Maryland Motion for Recusal of Judge - Removal

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

Category:

Civil Procedure - Motions - Recusals

State:

Multi-State

County:

Montgomery

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 Montgomery Maryland Motion For Recusal Of Judge - Removal?

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FAQ

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.

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.

No one, except a court, has the legal ability to force a recusal. Whether the issue of a conflict is raised by a party in a case, a member of the public, a member of the board or the official him- or herself, the ultimate decision is always in the hands of that member.

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 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.

An indication by a party that it wishes a judge to disqualify himself or herself is not of itself a proper ground for the judge to recuse: Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45. Judges are required to discharge their professional duties unless disqualified by law.

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.

Some jurisdictions, however, require another judge to decide whether or not the presiding judge should be disqualified. If a judge fails to recuse himself when a direct conflict of interest exists, the judge may later be reprimanded, suspended, or disciplined by the body that oversees JUDICIAL ADMINISTRATION.

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Rules of Civil Procedure. Notice of Hearing on Petition for Order of Protection.Appeal -- The review of a case in a court of higher jurisdiction. Order entered April 11, 1974:Respondent removed from office. TOP. 10. Appropriate office for these appeals set out in the Board's regulations. "Mr. What matters is that even if the judge is not biased, the high probability of bias still damages the integrity of the judicial system. Montgomery bases her motion on the Court's brief role as. Acting Principal Deputy Assistant Attorney General ("PDAAG") in the Criminal Division of the.

Montgomery Maryland Motion for Recusal of Judge - Removal

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