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.
A Missouri Affidavit to Disqualify or Recuse Judge for Prejudice is a legal document used to request the removal of a judge from a case due to perceived bias or prejudice. It is an important tool in ensuring a fair and impartial legal process. In Missouri, the affidavit serves as a formal request to have a judge disqualified or recused from a case. It is typically filed by a party or counsel involved in the case who believes that the judge may have a conflict of interest, a personal connection to the case, or any other reason that may result in a biased ruling. The affidavit must provide detailed and specific reasons for the disqualification request, supported by evidence or facts. It is crucial to use relevant keywords when drafting the affidavit to ensure the document is comprehensive and effective. Some important keywords and concepts to consider include: 1. Bias or Prejudice: Clearly describe any actions, statements, or behaviors by the judge that demonstrate a personal bias or prejudice against a party, attorney, or the case itself. Examples may include prior involvement, public statements, or personal connections that could impact the judge's ability to be impartial. 2. Conflict of Interest: If there is evidence of a direct or indirect conflict of interest, such as a personal or financial relationship with a party involved in the case, this should be detailed in the affidavit. 3. Appearance of Bias: In addition to actual bias, if there is a concern that the judge's impartiality may be reasonably questioned or appear biased to an outside observer, this should be explained with supporting evidence. 4. Case-specific Facts: Provide relevant details about the case itself, including the parties involved, the nature of the dispute, and any specific events or circumstances that raise concerns about the judge's impartiality. It is crucial to consult Missouri state laws and court rules to ensure the affidavit is formatted and filed correctly. Additionally, it is important to mention that while this description focuses on a Missouri Affidavit to Disqualify or Recuse Judge for Prejudice, other states may have similar affidavits or procedures with slight variations and different names.
