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Massachusetts Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal

Category:
Affidavits - Civil Procedure
State:
Multi-State
Control #:
US-02219BG
Format:
Word; 
Rich Text
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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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How to fill out Affidavit To Disqualify Or Recuse Judge For Prejudice - Recusal Or Removal?

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FAQ

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.

What you need. Anyone can file a complaint against a judge. You are not required to have any connection to a judge or a particular case before a judge in order to file a complaint with the CJC. Try to be prepared with as much specific information as possible.

In your notice of application or notice of motion you will ask for an order that the judge/master recuse herself/himself from hearing your case.

Canon 1 A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety. Canon 2 A judge shall perform the duties of judicial office impartially, competently, and diligently.

Judges shall exercise the judicial function independently on the basis of their assessment of the facts and in ance with a conscientious understanding of the law, free of any extraneous influence, inducement, pressure, threat or interference, direct or indirect, from any quarter or for any reason.

Rule 2.11 - Disqualification or Recusal (A) A judge shall disqualify or recuse himself or herself in any proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to the following circumstances: (1) The judge has a personal bias or prejudice concerning a party or a party's ...

For example, recusal is required in matters where (1) the judge or judge's spouse, or a minor child residing in the judge's household, has an economic interest in the subject matter of the controversy; (2) the judge has knowledge of certain disputed evidentiary facts concerning the proceeding; or (3) the judge's spouse ...

Canon 1 A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety. Canon 2 A judge shall perform the duties of judicial office impartially, competently, and diligently.

Massachusetts Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal Related Searches

  • motion to recuse judge federal court
  • massachusetts code of judicial conduct
  • 28 u.s.c. 455

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