This is a multi-state form covering the subject matter of: Motion for Disclosure of any Possible
Basis of Judicial Recusal.
Maryland Motion for Disclosure of Any Possible Basis of Judicial Recusal
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How to fill out Motion For Disclosure Of Any Possible Basis Of Judicial Recusal?
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Maryland Rules, Title 18, Chapter 100, the Code of Judicial Conduct, sets basic standards for the conduct of all judges and provides guidance in establishing and maintaining high standards of judicial and personal conduct.
Rule 18-103.12 permits judges to ?accept reasonable compensation for extrajudicial activities . . . unless such acceptance would appear to a reasonable person to undermine the judge's independence, integrity, or impartiality.?
Key Concepts. Either party may move that the judge recuse him- or herself on the grounds of prejudice or conflict. The moving party bears the burden of proof. The defendant may also move to have the prosecutor recused from a case, but the court may grant such relief only upon an actual showing of conflict of interest.
?Impairment? defined in Maryland Rule 18-402(j): a mental or physical condition, including addiction, that has seriously interfered with the performance of a judge's duties but may be remediable and, if remedied, is not likely to become permanent.
Rule 18-102.2 - Impartiality and Fairness (Aba 2.2) (a) A judge shall uphold and apply the law and shall perform all duties of judicial office impartially and fairly.
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.
Rule 3-505 - Disqualification of Judge (a) Request for Recusal. A party who believes that a fair and impartial trial cannot be had before the judge to whom the action has been assigned may request the assigned judge to disqualify himself or herself.
Rule 18-102.9 - Ex Parte Communications (Aba 2.9) (a) A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge out of the presence of the parties or their attorneys, concerning a pending or impending matter, except as follows: (1) A judge may initiate, ...