Hawaii Motion for Recusal of Judge - Removal

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US-02218BG
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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.

Hawaii Motion for Refusal of Judge — Removal is a legal procedure initiated by a party involved in a court case to request the removal of a judge from presiding over the proceedings. This motion is typically filed when a party believes that the judge's impartiality may be compromised or when there is a conflict of interest affecting the judge's decision-making ability. Various types of Hawaii Motion for Refusal of Judge — Removal include: 1. Bias or Prejudice: This type of motion may be filed if there is evidence or reasonable belief that the judge has shown bias or prejudice towards a particular party, their attorney, or the case itself. The motion should present specific instances or credible information supporting the claim. 2. Personal Interest or Relationship: If it can be proven that the judge has a personal interest, financial stake, or a close relationship with any individuals involved in the case, a motion for refusal based on personal interest or relationship can be filed. The purpose is to ensure an unbiased and fair trial by eliminating any potential conflicts of interest. 3. Prior Knowledge or Involvement: In situations where the judge has prior knowledge, involvement, or familiarity with the case, a motion for refusal can be submitted. This motion asserts that the judge's prior exposure may prevent them from making impartial decisions and therefore calls for their removal from the case. 4. Due Process Violation: When a party believes that their right to a fair trial or due process has been violated by the judge's actions or behavior, they may file a motion for refusal based on due process violation. Such motion could be supported by instances where the judge's conduct undermines the fundamental principles of justice. To initiate a Hawaii Motion for Refusal of Judge — Removal, the party must submit a formal written motion to the court stating the reasons for their request. This motion should be supported by evidence, legal precedent, and a persuasive argument as to why the judge's removal would be in the best interest of justice and the fair administration of the case. It should be noted that motions for refusal are subject to judicial review, and the decision to grant or deny such a motion ultimately lies with the court.

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FAQ

Rule 35 - Correction or Reduction of Sentence (a) Correction of Illegal Sentence. The court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided herein for the reduction of sentence.

On the date when judgment is entered, the clerk must serve on all parties a copy of the opinion?or the judgment, if no opinion was written?and a notice of the date when the judgment was entered.

Rule 3. APPEALS - HOW TAKEN. (a) Filing the notice of appeal. An appeal permitted by law from a court or agency shall be taken by filing a notice of appeal, together with such fees as are established by statute or these rules, with the appellate court within the time allowed by Rule 4 of these Rules.

40. Rule 40 - Motion for Reconsideration (a) Time. A motion for reconsideration may be filed by a party only within 10 days after the filing of the opinion, dispositional order, or ruling unless by special leave additional time is granted during such period by a judge or justice of the appellate court involved.

Rule 35 - Dispositions (a)Class of disposition. Dispositions may be authored by a designated judge or justice or may be per curiam and may take the form of published or memorandum opinions or dispositional orders. (b) Publication. Memorandum opinions shall not be published.

The 2021 amendments to the Rule also made a small, but important, change in terminology. The Rule now states that a successor judge ?cannot? be disqualified unless he or she rules that they are in fact not fair or impartial. Successive motions for disqualification are reviewed under an abuse of discretion standard.

Rule 10 - THE RECORD ON APPEAL (a) Composition of the record on appeal. The record on appeal shall consist of the trial court or ADLRO record, as set out in Rule 4 of the Hawai'i Court Records Rules, or the agency record as defined by statutes or rules governing agency proceedings.

Membership, qualifications A superior court judge must have been an attorney admitted to practice law in California or have served as a judge of a court of record in this state for at least 10 years immediately preceding election or appointment.

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Only one motion for disqualification or recusal may be filed by each party at each of the appellate courts, unless the party discovers new information, which by ... The interactive interviews ask a series of questions to complete a legal form or court-approved document. ... *The Hawaii Judiciary is not affiliated with Sustain ...A party to any proceeding in the appellate courts may file a motion to disqualify or recuse a judge or justice before whom the case is pending. (b)Time. by LW Abramson · 2011 · Cited by 66 — Depending on the technique applied by court rules, statutes, or case law, a judge personally may decide the motion, pass on the legal sufficiency of the motion, ... The legislature notes that this recusal may be achieved voluntarily or through the filing of an affidavit by a party to a suit, action, or proceeding alleging ... by M Menendez · 2016 · Cited by 2 — (b)(1) A party to an action or the party's attorney may file a motion to disqualify a judge. The motion must be accompanied by a certificate that the motion is ... Aug 4, 2023 — Requirements and Evidence ... A motion to disqualify a judge must be: (i) in writing; (ii) accompanied by a factual affidavit; and (iii) filed no ... Jul 11, 2023 — the judges is recused from consideration of the motion and a three-judge order is desirable, a judge or the staff attorney shall contact the ... (a) Notice of disqualification must be filed and called to the attention of the judge before the judge has made any discretionary ruling in the case. (b) In ... This document contains questions and answers to assist with filing a complaint alleging a federal judge has committed misconduct or has a disability that ...

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Hawaii Motion for Recusal of Judge - Removal