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Hawaii Motion for Disclosure of Any Possible Basis of Judicial Recusal

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This is a multi-state form covering the subject matter of: Motion for Disclosure of any Possible
Basis of Judicial Recusal.

A Hawaii Motion for Disclosure of Any Possible Basis of Judicial Refusal is a legal document filed by a party in a court case in the state of Hawaii. This motion seeks to compel the opposing party to disclose any potential reasons why the presiding judge should recuse themselves from the case. Refusal, in legal terms, refers to the act of a judge voluntarily removing themselves from a case due to a conflict of interest or bias that may hinder their ability to impartially decide on the matter. The purpose of filing a Motion for Disclosure of Any Possible Basis of Judicial Refusal is to ensure transparency and maintain the integrity of the legal process. By filing this motion, the party is requesting the opposing party to reveal any information or circumstances that could potentially affect the judge's impartiality. This could include personal relationships, financial interests, previous involvement in the case, or any other factors that may raise concerns about bias. Different types of Hawaii Motions for Disclosure of Any Possible Basis of Judicial Refusal may vary depending on the specific circumstances of the case. Some possible types include: 1. Motion for Disclosure based on Personal Relationship: If the opposing party has a close personal relationship with the judge, such as being family members, friends, or business associates, this motion might be filed to determine if there is a potential conflict of interest. 2. Motion for Disclosure based on Financial Interest: This type of motion aims to uncover any financial ties or interests that the judge may have with the opposing party or their counsel. If the judge stands to gain financially from the outcome of the case or has a significant financial relationship with any person involved, a refusal may be warranted. 3. Motion for Disclosure based on Previous Involvement: If the judge has had previous involvement in the case, such as presiding over related matters or having personal knowledge of key facts, it may be necessary to file this motion to assess whether their previous knowledge or involvement might prejudice their judgment. 4. Motion for Disclosure based on Bias or Prejudice: This motion is designed to uncover any indications of bias or prejudice on the part of the judge. It may be filed if there are reasonable grounds to believe that the judge's personal views, experiences, or affiliations could potentially compromise their ability to render an impartial decision. In summary, a Hawaii Motion for Disclosure of Any Possible Basis of Judicial Refusal is a legal tool utilized to ensure a fair and unbiased legal process. By filing this motion, the party seeks transparency and the revelation of any factors that might influence the judge's ability to impartially preside over the case. Different types of motions for disclosure may be filed based on factors such as personal relationships, financial interests, previous involvement, or potential bias.

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FAQ

A recusal or disqualification is a method used to resolve an apparent or actual conflict of interest. A disqualified employee may be required to sign a written statement reflecting the scope of the disqualification and the precise nature of the conflicting interest or activity.

The judge has personal or financial interest in the outcome. This particular ground varies by jurisdiction. Some require recusal if there is any interest at all in the outcome, while others only require recusal if there is interest beyond a certain value. The judge determines he or she cannot act impartially.

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.

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

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.

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.

What is a motion to recuse? 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.

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In matters that require immediate action, the judge must disclose on the record the basis for possible disqualification or recusal and make reasonable efforts ... An opposing party may serve and file counter affidavits and a memorandum in opposition to the motion, which shall be served and filed not less than 8 days ...§601-7 Disqualification of judge; relationship, pecuniary interest, previous judgment, bias or prejudice. (a) No person shall sit as a judge in any case in ... by LW ABRAMSON · 2007 · Cited by 6 — Third, one or more of the parties may file a motion to disqualify the judge, based either on the judge's disclosure or upon their own independent knowledge; if ... (a) Any person claiming to be aggrieved by an alleged unlawful discriminatory practice may file a complaint. (b) The commission's executive director may file a ... Jun 25, 2018 — Judges have an affirmative duty to disclose any information that might be relevant to his or her possible disqualification. See Model Code. “A motion to disqualify a judicial authority shall be in writing and shall be accompanied by an affidavit setting forth the facts relied upon to show the. The court further recognized that while allowing the issuance of broad protective orders in discovery may have some costs, those costs are outweighed by the ... In matters that require immediate action, the judge must disclose on the record the basis for possible disqualification and make reasonable efforts to transfer ... Yet, any time a judge discloses, a possible conflict exists. If either of ... following disclosure of any basis for disqualification other than personal bias or.

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Hawaii Motion for Disclosure of Any Possible Basis of Judicial Recusal