Georgia Motion for Recusal of Judge - Removal

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Multi-State
Control #:
US-02218BG
Format:
Word; 
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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.

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FAQ

6.10. All motions to recuse or disqualify a judge presiding in a particular case or proceeding shall be in writing, accompanied by an affidavit asserting the facts upon which the motion is founded, and timely filed.

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.

California Law Regarding Judicial Disqualification The Code of Civil Procedure 170.6 CCP is the California law that says a judge can be disqualified from presiding over a civil lawsuit or criminal trial if the judge seems to be prejudiced against one of the parties or attorneys.

The Due Process clauses of the United States Constitution require judges to recuse themselves from cases in two situations: Where the judge has a financial interest in the case's outcome. Where there is otherwise a strong possibility that the judge's decision will be biased.

Cond. 2.9. Rule 2.9 - Assuring Fair Hearings and Averting Ex Parte Communications (A) Judges shall to every person who has a legal interest in a proceeding, or that person's lawyer, the right to be heard ing to law.

(b) (1) A judge may be removed during his or her term of office by a two-thirds' vote of the entire membership of the governing authority of the municipal corporation for: (A) Willful misconduct in office; (B) Willful and persistent failure to perform duties; (C) Habitual intemperance; (D) Conduct prejudicial to the ...

Rule 2.11 - Disqualification and Recusal (A) Judges shall disqualify themselves in any proceeding in which their impartiality might reasonably be questioned, or in which: (1) The judge has a personal bias or prejudice concerning a party or a party's lawyer, or personal knowledge of disputed evidentiary facts concerning ...

(1) Because of the important nature of maintaining confidence in the judiciary, a judge should, even over the agreement of the parties, disqualify himself/herself in any situation when reasonable minds with knowledge of all the relevant circumstances disclosed by a reasonable inquiry would conclude that the judge's ...

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Georgia Motion for Recusal of Judge - Removal