Michigan Order of Disqualification Or Reassignment

State:
Michigan
Control #:
MI-SKU-1052
Format:
PDF
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Description

Order of Disqualification Or Reassignment

The Michigan Order of Disqualification or Reassignment (MOTOR) is a process used by the Michigan Department of Human Services, in which an employee of the Department is disqualified from performing certain duties or reassigned to different duties due to a conflict of interest. The MOTOR is designed to ensure employees are not placed in a position where their personal interests may conflict with their professional duties. There are three types of Motors: 1. Disqualification: This type of MOTOR applies to an employee who performs certain duties that could result in a conflict of interest. The employee is disqualified from those duties and is reassigned to a different position. 2. Reassignment: This type of MOTOR applies to an employee who is being reassigned to a different position due to a conflict of interest. The employee is placed in a different position and is no longer responsible for the duties that could create a conflict of interest. 3. Termination: This type of MOTOR applies to an employee who is terminated due to a conflict of interest. The employee is no longer employed with the Department, and is not eligible for any other position within the Department.

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FAQ

Judicial disqualification is warranted under MCR 2.003(C)(1)(a) where ?the judge is biased or prejudiced for or against a party or attorney.? requires a showing of actual bias.

Michigan's rule on judicial disqualification is clearly and narrowly drawn. A judge must recuse himself when "(he) cannot impartially hear a case . . . ." MCR 2.003(B). Impartiality is destroyed or threatened by a number of different circumstances, including an actual or a presumed bias.

A judge is disqualified when the judge cannot impartially hear a case, including but not limited to instances in which (1) The judge is personally biased or prejudiced for or against a party or attorney. A judge is disqualified when he cannot hear a case impartially.

Judicial disqualification is warranted under MCR 2.003(C)(1)(a) where ?the judge is biased or prejudiced for or against a party or attorney.? requires a showing of actual bias.

To be ?disqualified? means a judge is removed from a court case, and an alternate judge will get assigned to the proceedings. Any party in a case who wants to seek a peremptory challenge must file a motion to recuse and then follow the proper legal procedures.

At all times, the conduct and manner of a judge should promote public confidence in the integrity and impartiality of the judiciary. Without regard to a person's race, gender, or other protected personal characteristic, a judge should treat every person fairly, with courtesy and respect.

More info

I request that this case be reassigned to this judge. Instant access to fillable Microsoft Word or PDF forms.Minimize the risk of using outdated forms and eliminate rejected fillings. Interlocutory appeal, order reassignment of the case to a different district court judge on remand. DISQUALIFICATION OF TRIAL JUDGES. (a). Application. This rule applies only to county and circuit judges in all matters in all divisions of court. (2) A judge should hear and decide matters assigned, unless disqualified, and should maintain order and decorum in all judicial proceedings. The Court's decision shall include the reasons for its grant or denial of the motion for disqualification. Judicial Disqualification. Indiana Code of Judicial Conduct Rule 2.11.

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Michigan Order of Disqualification Or Reassignment