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.
Wayne County, Michigan, is home to a legal process known as the Affidavit to Disqualify or Recuse a Judge for Prejudice. This affidavit serves as a formal request to remove a judge from a case due to concerns of bias or prejudice. It aims to ensure a fair and impartial trial for all parties involved. In Wayne County, Michigan, there may be several types of affidavits to disqualify or recuse a judge based on prejudice. These include: 1. Personal Interest: If the judge has a personal interest in the outcome of the case, such as a close relationship with one of the parties or a financial stake, it can be grounds for disqualification. 2. Previous Involvement: If the judge has previously handled the same case, represented one of the litigants as an attorney, or had any involvement that might affect their objectivity, it could be a valid reason for refusal. 3. Bias or Prejudice: Bias can arise from various factors, including racial, religious, or gender-based prejudices that may affect the judge's ability to remain fair and impartial. If there is evidence of such bias, an affidavit can be filed to request the judge's disqualification. 4. Conflicts of Interest: Judges should not have any conflicts of interest that could compromise their ability to render an unbiased decision. If any conflicts exist, such as personal or professional relationships with individuals involved in the case, it can be grounds for refusal. 5. Improper Conduct: If the judge's behavior and actions during the proceedings demonstrate unprofessional conduct, partiality, or any other improper behavior that could undermine the fairness of the trial, filing an affidavit for disqualification or refusal may be appropriate. It is important to note that each case is unique, and the reasons to disqualify or recuse a judge may vary. The purpose of the Wayne County, Michigan, Affidavit to Disqualify or Recuse a Judge for Prejudice is to maintain the integrity of the judicial process and ensure a fair trial for all parties involved.
