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.
An affidavit to disqualify or recuse a judge for prejudice in Suffolk, New York is a legal document that individuals can use to request the removal of a judge from their case due to a perceived bias. This affidavit is an essential tool in ensuring the fair and impartial administration of justice. In Suffolk, New York, individuals may file different types of affidavits to disqualify or recuse a judge for prejudice, depending on the specific circumstances of the case. Some of these affidavits include: 1. Affidavit of Prejudice: This affidavit can be filed when a party believes that the assigned judge has displayed prejudice or bias towards them or their case. The affidavit should provide clear and specific examples of the judge's biased behavior or actions. 2. Affidavit of Conflict of Interest: In situations where a judge has a personal or financial interest in the outcome of the case, an individual can file an affidavit of conflict of interest to request the judge's refusal. It is crucial to present concrete evidence or legitimate concerns that establish the conflict of interest. 3. Affidavit of Prior Knowledge: If it comes to light that the assigned judge had prior knowledge of the case or the parties involved, an affidavit of prior knowledge can be filed. This affidavit aims to demonstrate that the judge's existing knowledge may impact their ability to impartially decide the case. 4. Affidavit of Bias: This affidavit is applicable when there is evidence suggesting that the judge holds personal biases or prejudices against a party. It is necessary to provide specific instances or circumstances that reveal the judge's biased behavior or statements. 5. Affidavit of Misconduct: When a judge's conduct during the proceedings is deemed inappropriate, unprofessional, or unethical, a party can file an affidavit of misconduct. This document should outline the specific incidents where the judge's behavior was questionable and why it compromises the fairness of the trial. Regardless of the type of affidavit filed, it is crucial to support the allegations with factual evidence or credible witnesses to enhance the chances of a successful motion for refusal or removal. Legal consultation and assistance from an experienced attorney specializing in New York court procedures are highly recommended navigating this process effectively.
