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.
Houston, Texas Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal: Explained In Houston, Texas, an affidavit to disqualify or recuse a judge for prejudice is an essential legal document used when a party believes that a judge assigned to their case may exhibit bias or partiality. This affidavit serves as a request for the judge's refusal or removal from the case, ensuring a fair and impartial trial. Key Terms: 1. Affidavit: An affidavit is a written statement made under oath, signed by an individual with legal authority, declaring the facts they believe to be true. In the context of recusing a judge, this affidavit is used to outline the reasons behind the request for refusal or disqualification. 2. Disqualify: Disqualify means to remove or exclude someone from participating in a legal matter due to perceived bias or prejudice. When a judge is disqualified, they are no longer allowed to preside over the case. 3. Recuse: Refusal is the act of voluntarily stepping aside or excluding oneself from participating in a legal matter because of possible bias or conflicts of interest. This action ensures that the trial proceedings remain fair and unbiased. 4. Prejudice: Prejudice, in this context, refers to any subjective or partial behavior that may influence a judge's decision-making process or prevent them from delivering an impartial judgment. Types of Houston, Texas Affidavits to Disqualify or Recuse Judges: 1. Affidavit of Bias or Prejudice: This affidavit is utilized when a party believes that the assigned judge is demonstrating signs of bias or prejudice against them, their attorney, or their position in the case. The affidavit outlines specific instances or patterns of behavior that support the claim of bias. 2. Affidavit of Conflict of Interest: In situations where a judge's association with one of the involved parties, their attorney, or any other direct or indirect interests creates a potential conflict, this affidavit can be filed. It presents the facts and evidence that establish the conflict of interest, demanding the judge's refusal. 3. Affidavit of Personal Relationship: This affidavit is employed when there is a personal relationship between the judge and one of the parties or attorneys involved in the case. Personal relationships may include family connections, close friendships, or previous associations that could potentially affect the judge's ability to remain impartial. Regardless of the specific type of affidavit used, it is crucial for it to be comprehensive, concise, and supported by factual evidence. The affidavit should clearly explain why the judge's refusal is necessary to ensure a fair trial and enhance the integrity of the judicial system. Note: It is essential to consult with an attorney or legal expert to ensure accuracy and compliance with specific Houston, Texas laws and procedures when drafting the affidavit.
