What are the grounds for judicial disqualification?

Grounds for Recusal: Interest in the subject matter, or relationship with someone who is interested in it. Background or experience, such as the judge's prior work as a lawyer. Personal knowledge about the parties or the facts of the case. Ex parte communications with lawyers or non-lawyers.

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Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or...

Orange California Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal

Name: Orange California Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal
Brand: US Legal Forms
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Category:

Affidavits - Civil Procedure

State:

Multi-State

County:

Orange

Control #:

US-02219BG

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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.

How to fill out Orange California Affidavit To Disqualify Or Recuse Judge For Prejudice - Recusal Or Removal?

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FAQ

Legal test and principles applicable to recusal. suggestion that the judge was biased. It must then ask whether those circumstances would lead a fair-minded and informed observer to conclude that there was a real possibility, or a real danger, the two being the same, that the tribunal was biased. '

A recusal is appropriate when a conflict of interest exists between an employee's job duties and financial interests (including interests in future employment) or certain business or personal relationships or outside activities. Employees are strongly encouraged to document their recusals in writing.

The test for determining apparent bias is this: if a fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the judge was biased, the judge must recuse himself (see Porter v Magill 2002 2 AC 357 at 102).

Even though they may involve discretion, the following actions by a judge do not cause the loss of the right to file a notice of disqualification against that judge: Arranging the calendar, setting a date for a hearing or trial, ruling on an agreed continuance, issuing an arrest warrant, presiding over criminal

Generally, a judge must recuse himself if he has a personal bias or prejudice concerning a party to the lawsuit or has personal knowledge of the facts that are disputed in the proceeding.

Rule 2.11 - Disqualification (A) A judge shall disqualify himself or herself in any proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to the following circumstances: (1) The judge has a personal bias or prejudice concerning a party or a party's lawyer, or personal

: to disqualify (oneself) as judge in a particular case; broadly : to remove (oneself) from participation to avoid a conflict of interest. Examples: Because she was a frequent customer at the plaintiff's shop, the judge recused herself from the case.

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. And, a motion to recuse can be filed in either a civil suit or in a criminal trial.

Grounds for Recusal: Interest in the subject matter, or relationship with someone who is interested in it. Background or experience, such as the judge's prior work as a lawyer. Personal knowledge about the parties or the facts of the case. Ex parte communications with lawyers or non-lawyers.

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RE DISQUALIFICATION OF JUDICIAL OFFICER PURSUANT TO C.C.P. 170.6. Sometimes an RJI is not filed for years in a case.A case will never get a trial date if an RJI is never filed. Recusal. United States District Judge for the District of New Jersey. Constitute grounds for disqualification. The SJA also called the circuit military judge about the issue. The trial judge recused himself. ROZIER, SR. 7957 DAHLIA CIRCLE BUENA PARK, CA 90620 (714) 512-5740. Propria Personas IN THE SUPERIOR COURT OF CALIFORNIA Acts 1985, 69th Leg.

Orange California Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal

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How to fill out Orange California Affidavit To Disqualify Or Recuse Judge For Prejudice - Recusal Or Removal?

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