Arkansas Motion for Recusal of Judge - Removal

Q: How is a judge officially come to be recused from a proceeding?

The general rule is that, to warrant recusal, a judge&#039;s expression of an opinion about the merits of a case, or his familiarity with the facts or the parties, must have originated in a source outside the case itself.

Q: What is a recusal rule?

&quot;Recusal&quot; means the process by which a person is disqualified, or disqualifies himself or herself, from a matter because of a conflict of interest.

Category:

Civil Procedure - Motions - Recusals

State:

Multi-State

Control #:

US-02218BG

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.

Arkansas Motion for Disclosure of Any Possible Basis of Judicial Recusal

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Arkansas Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal

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Arkansas Motion for Order of Remand for further consideration

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Arkansas Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions

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Arkansas Motion to Clarify and / or Reconsider and for Protective order

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How to fill out Motion For Recusal Of Judge - Removal?

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FAQ

The purpose for which litigants seek recusal of a judge on a multi-judge appellate court is primarily to prevent the allegedly conflicted judge from participating in the case.

The party just has to state that he believes the judge is prejudiced against him and the party does not believe he can have a fair and impartial trial. Once a peremptory challenge is made, the judge cannot oppose it.

The judge is only required to order recusal (or refer the matter over to another judge to decide whether recusal is necessary) if a reasonable person, knowing all the facts, would have doubts about the judge's ability to be impartial in the case.

Any elected official shall recuse him or herself from voting if a conflict of interest exists. Recusal does not prohibit participation in discussion and debate concerning the matter, provided that the conflict or potential conflict is disclosed prior to the discussion or debate.

The general rule is that, to warrant recusal, a judge's expression of an opinion about the merits of a case, or his familiarity with the facts or the parties, must have originated in a source outside the case itself.

Common instances of recusal usually involve when the judge or prosecutor worked with or under one of the subjects of a case or a criminal investigation, or when the judge or prosecutor has past or present business ties with the subject.

Key Concepts. Either party may move that the judge recuse him- or herself on the grounds of prejudice or conflict. The moving party bears the burden of proof. The defendant may also move to have the prosecutor recused from a case, but the court may grant such relief only upon an actual showing of conflict of interest.

"Recusal" means the process by which a person is disqualified, or disqualifies himself or herself, from a matter because of a conflict of interest.