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.
Palm Beach Florida Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal is a legal document used in the jurisdiction of Palm Beach County, Florida, when a party in a legal case believes that the assigned judge has demonstrated bias or prejudice that could affect the fair outcome of the case. This affidavit serves as a formal request for the judge's disqualification or refusal, ensuring a fair and impartial trial. In Palm Beach County, there are different types of affidavits to disqualify or recuse a judge, each aimed at specific circumstances or concerns. These include: 1. Affidavit to Disqualify for Prejudice: This affidavit is utilized when a party perceives that the assigned judge has exhibited prejudice or bias, either through statements, actions, or past rulings that may affect their ability to receive a fair trial. 2. Affidavit to Recuse for Personal Interest: This type of affidavit is used when a party believes that the judge has a personal interest in the case that could compromise their impartiality or fairness. Such personal interests may include financial connections, personal relationships, or other circumstances that could sway the judge's decision-making process. 3. Affidavit to Recuse for Bias or Preconceived Opinion: This affidavit is employed when it can be demonstrated that the judge has formed a preconceived opinion regarding the case, the parties involved, or the legal issues at hand. This bias may arise from previous involvement in the matter or any other factor that could hinder the judge's ability to remain objective. The Palm Beach Florida Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal is a crucial instrument in upholding the principles of fairness and justice within the legal system. It allows parties to address concerns of bias or prejudice, ensuring that all participants have an equal opportunity to present their case and receive a fair trial.
