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.
A motion to recuse a federal judge in New York is a legal document filed in court by a party to a case, asking the judge to disqualify themselves from presiding over the matter due to real or perceived bias, conflict of interest, or any other factor that may undermine their impartiality. This motion is essential when a party believes that a fair trial or hearing cannot be achieved without the judge's removal. Keywords: motion to recuse, federal judge, form NY, disqualification, bias, conflict of interest, impartiality, fair trial, hearing, removal. There are several types of motion to recuse federal judge forms available in New York, each addressing specific grounds for disqualification. Some categories of these motions include: 1. Personal Bias: This type of motion focuses on establishing the judge's personal bias against a party involved in the case. It may be based on previous interactions, personal relationships, or public statements that suggest the judge cannot be impartial. 2. Financial Interest: When a federal judge has a financial interest in the outcome of a case, it can create a conflict of interest. A motion to recuse can be filed if a party believes that financial considerations could affect the judge's decision-making process. 3. Professional Relationship: If the judge has a professional relationship with one of the parties, such as being employed by the same law firm or having represented them in a previous case, there may be a perception of partiality. A motion can be filed to recuse the judge based on this connection. 4. Prejudicial Conduct: This type of motion deals with instances where a federal judge has exhibited behavior or made statements that demonstrate prejudice towards a party or their counsel. These actions can create a significant risk that a fair trial or hearing cannot be obtained. 5. Extenuating Circumstances: Some motions to recuse federal judges may involve extenuating circumstances, such as the judge's involvement in the case as an attorney or witness before their appointment. These situations could impair the judge's ability to remain fair and impartial. When filing a motion to recuse a federal judge in New York, it is crucial to include relevant facts and evidence supporting the grounds for disqualification. The motion should be written clearly and succinctly, adhering to the court's specific formatting requirements and using appropriate legal language. Disclaimer: The above information is solely for informative purposes and is not to be considered legal advice. If you require assistance with a specific legal matter, consult with a qualified attorney.
