This is a multi-state form covering the subject matter of: Motion for Disclosure of any Possible
Basis of Judicial Recusal.
District of Columbia Motion for Disclosure of Any Possible Basis of Judicial Recusal
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FAQ
Take Action File official complaints to your state judicial oversight bodies. Cite specific violations of rules or codes.
If a court document, such as a minute order or transcript, or an audio or video recording shows the misconduct, you may submit a copy (do not send original documents) or mention it in your complaint. An error in a judge's decision or ruling is not, by itself, misconduct.
A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. The motion can be brought by either a prosecutor or a defense attorney. And, a motion to recuse can be filed in either a civil suit or in a criminal trial.
File a Motion for Reconsideration A motion for reconsideration includes a written brief containing the reasons why you and your legal team believe the decision was unfair or biased. In addition to the written brief, there may be oral arguments before the judge.
File a Motion for Reconsideration A motion for reconsideration includes a written brief containing the reasons why you and your legal team believe the decision was unfair or biased. In addition to the written brief, there may be oral arguments before the judge.
Obvious examples are violations of criminal law, sexual misconduct with staff/attorneys/parties, joining discriminatory organizations and using the judicial position to enhance a private interest.
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. See State v.
There is, however, an exception to the ordinary recusal requirements, known as ?the rule of necessity,? which allows judges to hear a case in which virtually all other available judges would have the same disqualifying interest, and the case could not otherwise be heard.
Private parties or political actors could tamper with juries or laypersons assisting judicial decision making. Witnesses and victims may be threatened or bribed by political officials or defence lawyers. Political authorities or higher courts might hamper the enforcement of judgments.
The rule of necessity is a judicial doctrine that permits a judge or agency decision maker to decide a case even if he or she would ordinarily be disqualified due to bias or prejudice .