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.
Michigan Motion for Refusal of Judge — Removal is a legal process in the state of Michigan that allows a party to request the removal of a judge from a case due to a potential bias or conflict of interest. This motion can be filed by either the prosecution or the defense in a criminal case, or by either the plaintiff or the defendant in a civil case. When a party believes that a judge's impartiality is compromised, they can file a Motion for Refusal of Judge — Removal. This motion must provide sufficient evidence or reasoning to support the claim that the judge cannot make fair and unbiased decisions in the case. Common reasons for filing this motion include a personal relationship between the judge and one of the parties, a financial interest in the outcome of the case, or a previous involvement in the matter at hand. There are different types of Michigan Motion for Refusal of Judge — Removal that can be filed depending on the circumstances of the case. Some common types include: 1. Actual Bias: This motion alleges that the judge has a personal bias or prejudice against one party, which would prevent them from fairly adjudicating the case. 2. Implied Bias: This motion argues that the judge's relationship or involvement in the matter creates an appearance of bias, even if no actual bias is proven. It is based on the notion that justice should not only be done but also be seen to be done. 3. Financial Interest: This motion asserts that the judge has a direct or indirect financial stake in the outcome of the case, making them unable to make objective decisions. 4. Relationship: This motion claims that the judge has a personal or professional relationship with one of the parties, their attorney, or a witness that could compromise their ability to make impartial rulings. 5. Prior Involvement: This motion argues that the judge had a prior involvement in the case, such as being a witness, attorney, or having made rulings related to the matter, which could impact their ability to make unbiased decisions. It is important to note that a Motion for Refusal of Judge — Removal must provide substantial evidence or compelling argumentation to support the claim of bias or conflict of interest. The judge then reviews the motion and determines whether to grant or deny it. If granted, another judge will be assigned to the case to ensure a fair trial or proceeding. In summary, a Michigan Motion for Refusal of Judge — Removal is a legal mechanism that allows a party to request the removal of a judge from a case due to a perceived bias or conflict of interest. Different types of this motion can be filed based on varying grounds of bias, such as actual bias, implied bias, financial interest, relationship, or prior involvement.
