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.
Maryland Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal: Explained In Maryland, individuals involved in a legal case have the right to ensure a fair and impartial trial. If there is reason to believe a judge may not be unbiased or impartial due to prejudice or a conflict of interest, parties can file an Affidavit to Disqualify or Recuse the Judge. This legal document seeks the refusal or removal of the judge from the case to maintain the integrity of the legal process. Keywords: Maryland, Affidavit, Disqualify, Recuse Judge, Prejudice, Refusal, Removal. There are primarily two types of Maryland Affidavits to Disqualify or Recuse a Judge: 1. Affidavit of Prejudice: This type of affidavit is filed when a party perceives the judge to be biased or prejudiced against their side or the issues involved in the case. The affidavit must state with specificity the facts or circumstances that demonstrate the alleged bias or prejudice of the judge. 2. Affidavit of Legal Conflict: This affidavit is filed when there is a reasonable belief that the judge has a personal or professional relationship with any party to the case, their attorney, or a witness. It aims to highlight potential conflicts of interest that could compromise the judge's ability to make impartial decisions. In both cases, the affidavits must be supported by relevant facts, evidence, and legal arguments. The burden of proof lies with the party seeking the judge's removal, as they need to convince the court that there is a genuine concern about the judge's impartiality. The Maryland Affidavit to Disqualify or Recuse Judge for Prejudice is an important tool to protect the rights of individuals involved in legal proceedings. It helps maintain the integrity of the judicial system by ensuring that cases are handled fairly and impartially. When filing such an affidavit, it is crucial to adhere to the specific rules and requirements outlined by the Maryland Code and the court where the case is being heard. Failing to meet these requirements may result in the rejection of the affidavit, and the judge may not be recused or removed from the case. Overall, the Maryland Affidavit to Disqualify or Recuse Judge for Prejudice is a legal mechanism that allows individuals to exercise their right to a fair trial. By identifying and addressing potential biases or conflicts of interest, parties can help maintain the integrity and credibility of the judicial process.
