Queens New York Motion for Recusal of Judge - Removal

Name: Queens New York Motion for Recusal of Judge - Removal
Brand: US Legal Forms
Rating: 4.57 (459 reviews)

Category:

Civil Procedure - Motions - Recusals

State:

Multi-State

County:

Queens

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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FAQ

Waiver and substitution If a judge fails to recuse themselves sua sponte and a party believes the judge has a bias the party may motion for substitution. In some jurisdictions litigants may have the right to substitute a judge, even if no bias is demonstrated.

A Judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in

What is a motion to recuse? 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.

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.

Recusal means the self-removal of a judge or prosecutor because of a conflict of interest.

Judges can recuse themselves sua sponte or do soor decline to do soif a party moves for disqualification. A declined disqualification motion is normally subject to appeal to a higher court, and courts have produced an extensive case law on the matter.

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.

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Strange as it might seem now, when judges first started wearing robes and wigs they probably wouldn't have stood out on the street. Judge, public official vested with the authority to hear, determine, and preside over legal matters brought in a court of law.

Queens New York Motion for Recusal of Judge - Removal

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What happens when a judge refuses to recuse himself?

How can a judge be removed?

What is a motion for recusal?

When should a judge recuse themselves from a case?

What does notice of recusal mean?

When a judge must recuse themselves from a case due to a financial relationship with one of the parties?

Who can recuse themselves?

What is a recusal request?

What are grounds for recusal?

Can judges be forced to recuse?

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