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.
Illinois Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal: Explained In the state of Illinois, there are legal mechanisms in place to address concerns of bias or prejudice on the part of a judge handling a case. One such mechanism is the Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal. This document allows parties involved in a legal proceeding to request the judge's removal from the case based on perceived bias or prejudice that might affect the impartiality of the proceedings. There are different types of Illinois Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal, each serving a specific purpose and applicable in particular situations. Here are some of the commonly encountered types: 1. Affidavit of Prejudice Pursuant to 735 ILLS 5/2-1001(a)(3): Under this provision, a party may file an affidavit to disqualify a judge within ten days from the date of the case being assigned to that judge. This affidavit asserts that the filing party believes the judge has a personal bias or prejudice against them, which could affect the fairness of the proceedings. 2. Motion to Recuse Judge for Demonstrated Personal Bias or Prejudice: This type of motion is filed when a party believes they have substantial evidence to demonstrate a judge's clear bias or prejudice that could impede the fair administration of justice. The motion usually includes documented instances or actions by the judge that demonstrate their personal bias. 3. Motion for Removal of Judge Based on Prejudice or Impartiality Pursuant to 735 ILLS 5/2-1001(a)(3) and/or State Constitution: This motion is typically filed when a party has evidence to support the claim that the judge's bias or prejudice is substantial enough to deny them a fair trial. It is essential to reference the relevant section of the Illinois Code of Civil Procedure and Constitutional provisions while filing this motion. When initiating the process of filing an Illinois Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal, it is crucial to seek legal advice from a qualified attorney. They can guide you through the procedural requirements and assist in preparing a meticulously drafted document that presents a strong case for the removal of the judge. In conclusion, the Illinois Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal is a legal tool available to parties to address concerns of potential bias or prejudice on the part of a judge. By invoking this mechanism, individuals can seek a fair and impartial trial, ensuring that justice is served in their legal proceedings.
