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.
Nassau New York Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal is a legal document used in the Nassau County area of New York State to request the disqualification or refusal of a judge due to perceived prejudice or bias. This affidavit aims to ensure a fair and impartial trial process by allowing the party involved to challenge the judge's suitability for the case. The affidavits used in Nassau County typically follow a standard format and include relevant sections such as: 1. Heading: Properly labeling the document with the case name, court, and docket number. 2. Introduction: Clearly stating the purpose of the affidavit and the intention to disqualify or recuse the judge. 3. Personal Information: Providing the name, address, and contact details of the party submitting the affidavit. 4. Case Background: Presenting a concise summary of the ongoing legal matter, including the parties involved and the judge presiding over the case. 5. Grounds for Disqualification: Enumerating specific reasons for believing the judge is biased or prejudiced, such as prior involvement in the case, personal relationships, past rulings, or statements indicating a lack of impartiality. 6. Supporting Evidence: Including any relevant evidence that substantiates the grounds for disqualification, such as documented conflicts of interest, biased statements, or previous complaints against the judge. 7. Conclusion: Reiterating the request for the judge's disqualification or refusal and seeking a fair and impartial trial process. Different variations of the Nassau New York Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal may exist based on the specific court or jurisdiction. Additionally, distinct types of affidavits may be used depending on the stage of the legal process, such as: 1. Pre-Trial Affidavit: Filed before the commencement of the trial to challenge the judge's suitability based on prejudice or bias. 2. Mid-Trial Affidavit: Submitted during an ongoing trial if new information or circumstances arise that show the judge's potential prejudice, necessitating their removal. 3. Post-Trial Affidavit: Filed after the completion of a trial asking for the disqualification or refusal of the judge if evidence of their prejudice comes to light during or after the trial. It is important to consult with a legal professional or attorney who specializes in Nassau County law to properly prepare and file the appropriate affidavit based on the specific circumstances and requirements of the case.
