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.
The Harris Texas Affidavit to Disqualify or Recuse Judge for Prejudice is a legal document that allows individuals or parties involved in a legal case to request the removal or refusal of a judge due to perceived bias or prejudice. This affidavit serves as a formal request and outlines the specific reasons or instances that demonstrate the judge's alleged bias, which may impact their ability to provide a fair and impartial decision. There are various types of Harris Texas Affidavits to Disqualify or Recuse a Judge for Prejudice, depending on the nature of the case. Some common types include: 1. Criminal Case Affidavit: This type of affidavit is used when a party involved in a criminal case believes that the presiding judge is biased against them or has shown a prejudiced view that may affect the outcome against their favor. 2. Civil Case Affidavit: When it comes to civil litigation, parties may file this affidavit if they have evidence of prejudice or bias from the judge handling their case, potentially influencing the impartiality of the proceedings. 3. Family Law Case Affidavit: In family law matters such as divorce, child custody disputes, or spousal support, parties may submit an affidavit to disqualify or recuse a judge if they suspect the judge holds biased opinions, personal relationships, or conflicts of interest that could impact their case unfairly. 4. Probate Case Affidavit: This type of affidavit is relevant in probate cases, where parties may request the disqualification or refusal of a judge if they have evidence to support the notion that the judge's prejudicial stance may negatively influence the distribution of assets, the appointment of an executor, or other crucial matters. Regardless of the type, a Harris Texas Affidavit to Disqualify or Recuse Judge for Prejudice must include specific details and instances that demonstrate the judge's alleged bias. It should provide factual evidence, such as the judge's prior rulings or statements, conflicts of interest, or inappropriate behavior, to support the request for refusal or removal.
