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.
A Salt Lake Utah Motion for Refusal of Judge — Removal refers to a legal action taken by one of the parties involved in a court case in Salt Lake City, Utah to request the removal of a judge from the case. This motion is typically filed when a party believes that the judge has a potential bias or conflict of interest that would prevent them from making fair and impartial decisions. In Salt Lake City, Utah, there are different types of motions for refusal of a judge depending on the circumstances and grounds for removal. Some common types are: 1. Personal Bias or Prejudice: This motion asserts that the judge has a personal bias or prejudice against one of the parties involved, which could potentially affect the fairness and outcome of the case. The party filing the motion will need to provide substantial evidence to support their claim. 2. Conflict of Interest: This motion argues that the judge has a conflict of interest, such as a close relationship with one of the parties, financial ties, or a personal stake in the outcome of the case. The party filing the motion must demonstrate how the conflict of interest could undermine the judge's ability to render an unbiased decision. 3. Judicial Misconduct: This motion addresses instances where the judge has engaged in unethical conduct, violated judicial rules, or acted inappropriately during the proceedings. The party filing the motion needs to provide concrete evidence of the misconduct to substantiate their claim. 4. Appearance of Impropriety: This motion focuses on factors that may create a reasonable apprehension of bias, even if no actual bias is demonstrated. It emphasizes that the perception of fairness is equally important as the reality, and argues that the judge's conduct or actions have created a reasonable doubt about their neutrality. When filing a Salt Lake Utah Motion for Refusal of Judge — Removal, it is crucial to follow the specific procedures and guidelines set forth by the Utah State Courts. The motion should be supported by legally sound arguments, accompanying evidence, and any relevant case laws or statutes that support the request for removal. Successfully arguing a motion for refusal is a complex undertaking, requiring strong legal research, persuasive argumentation, and significant evidence. It is advisable to have an experienced attorney who specializes in Utah state law handle such motions to ensure all necessary steps are followed and the best interests of the party are protected.
