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

Queens New York Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal

Name: Queens New York Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal
Brand: US Legal Forms
Rating: 4.68 (468 reviews)

Category:

Affidavits - Civil Procedure

State:

Multi-State

County:

Queens

Control #:

US-02219BG

Format:

Instant download

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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Section 24 of title 28, U.S.C., 1940 ed., applied only to district judges. The revised section is made applicable to all justices and judges of the United States.

Waiver and substitution If a judge fails to recuse themselves sua sponte and a party believes the judge has a bias the party may motion for substitution. In some jurisdictions litigants may have the right to substitute a judge, even if no bias is demonstrated.

(3)Effect of Recusal. Upon determining herself or himself to be recused, the judge shall not further participate in the proceeding unless her or his recusal is waived by the parties as provided in subdivision (c) below.

The Due Process clauses of the United States Constitution require judges to recuse themselves from cases in two situations: Where the judge has a financial interest in the case's outcome. Where there is otherwise a strong possibility that the judge's decision will be biased.

Judges can recuse themselves sua sponte or do soor decline to do soif a party moves for disqualification. A declined disqualification motion is normally subject to appeal to a higher court, and courts have produced an extensive case law on the matter.

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.

(1) The judge has a personal bias or prejudice concerning a party or a party's lawyer, or personal knowledge of facts that are in dispute in the proceeding. (d) likely to be a material witness in the proceeding.

The Supreme Court receives about 10,000 petitions a year. The Justices use the "Rule of Four to decide if they will take the case. If four of the nine Justices feel the case has value, they will issue a writ of certiorari.

The Code of Conduct for United States Judges (the Code) is a set of ethical canons that the Judicial Conference of the United States (Judicial Conference) has adopted to promote public confidence in the integrity, independence, and impartiality of the federal judiciary.

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In this area I will. The Disqualification of a Judge, 19 LA L. REV.To a statutorily mandated removal of a judge. Randall J. Litteneker, Comment, Disqualification of. Referred to a fiveJudge Constitution Bench of this Court. Disqualification on the apprehension of bias. Constitute grounds for disqualification.

Queens New York Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal

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Does 28 US Code 455 apply to Supreme Court?

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