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.
San Bernardino, California, is a county located in the southern part of the state. It is well-known for its diverse and vibrant communities, beautiful landscapes, and historical significance. With a population of over 2 million residents, San Bernardino County is the fifth most populous county in California. The process of filing an Affidavit to Disqualify or Recuse a Judge for Prejudice, also known as a "refusal" or "removal" motion, is an important legal procedure that ensures fairness and impartiality in the judicial system. When there is a belief that a judge may be biased or prejudiced, this affidavit is filed to request the judge's disqualification from a particular case. There are several types of San Bernardino, California, Affidavits to Disqualify or Recuse Judges for Prejudice, depending on the specific circumstances of the case. Here are a few main categories: 1. Personal Bias: This type of affidavit is filed when there is evidence or a reasonable belief that the judge has a personal relationship or interest in the case that may impair their ability to make an unbiased decision. 2. Professional Bias: An affidavit of this nature is submitted when there are concerns that the judge has prior professional interactions, such as being a former colleague or employer of one of the parties involved, which could influence their judgment. 3. Public Bias: This category applies when there is a perception that the judge has publicly expressed biased opinions or prejudice toward a particular group, affiliation, or issue related to the case. 4. Financial Interest: If there is evidence to suggest that the judge has a personal financial stake in the outcome of the case, a financial interest affidavit can be filed to request their removal. 5. Prior Rulings: In situations where a judge has issued previous decisions in similar cases that could indicate a bias or prejudice, an affidavit challenging their ability to provide an impartial judgment can be submitted. 6. Improper Conduct: If there is documentation or credible allegations of improper conduct by the judge, such as participating in inappropriate conversations or actions that compromise their integrity, an affidavit can be filed to disqualify them. It is important to note that these affidavits must be supported by credible evidence and presented in accordance with the specific legal rules and procedures established by the San Bernardino, California, court system. Seeking legal counsel and guidance from an attorney experienced in these matters is recommended to ensure a successful motion and fair resolution.
