Palm Beach Florida Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal

State:
Multi-State
County:
Palm Beach
Control #:
US-02219BG
Format:
Word; 
Rich Text
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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.

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FAQ

Federal judges can only be removed through impeachment by the House of Representatives and conviction in the Senate. Judges and justices serve no fixed term they serve until their death, retirement, or conviction by the Senate.

A judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been

What is Judicial Disqualification or 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.

What Can You Do If a Judge is Unfair? Request Recusal. File Appeal to Send Decision to a Higher Court. File a Motion for Reconsideration. File a Grievance on the Basis of Unethical Behavior.

The process for requesting a new judge must be undertaken with the help of your attorney. Your family law attorney will file a formal motion with the court requesting a recusal. You will need to show evidence of actual bias, not just a feeling you have about the judge's motives.

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.

§ 38.05, authorizes a Florida judge to disqualify himself on his own motion whenever he knows of any ground for recusal. The conduct of Florida judges is also regulated by the Florida Code of Judicial Conduct; which, in certain circumstances, may provide an independent basis for judicial disqualification.

A Judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in

Any party, including the state, may move to disqualify the trial judge assigned to the case on grounds provided by rule, by statute, or by the Code of Judicial Conduct. (3)shall be sworn to by the party by signing the motion under oath or by a separate affidavit.

It is not an easy task to remove a Judge from his office, there should be proved incapacity or misbehaviour and proved over here basically means the Judge has been investigated by an impartial Committee first and then presented in the Parliament if said to have fulfilled the two given grounds.

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Palm Beach Florida Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal