North Carolina Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal

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Control #:
US-02219BG
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Description

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.

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FAQ

This could be because the judge has personal knowledge of disputed facts in the case or because the judge served as a lawyer in the proceeding or advised a party in the proceeding. The judge could also be removed from the case if they have a financial interest in it or are related to one of the parties involved.

Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer.

Recusal means the self-removal of a judge or prosecutor because of a conflict of interest.

There is, however, an exception to the ordinary recusal requirements, known as ?the rule of necessity,? which allows judges to hear a case in which virtually all other available judges would have the same disqualifying interest, and the case could not otherwise be heard.

Motion to disqualify a judge must be submitted in writing, must have supporting affidavits, and must be filed at least five days before the trial unless there is good cause for delay. The failure to follow those rules can be the basis for denying the motion. State v. Poole, 305 N.C. 308, 321 (1982).

Although there can be some technical differences between the two terms, ?recuse? can usually be used interchangeably with ?disqualify.? When a judge is disqualified or recused from a case, he or she does not participate. In trial courts and some appellate courts, another judge hears it in place of the one who recused.

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.

California Law Regarding Judicial Disqualification The Code of Civil Procedure 170.6 CCP is the California law that says a judge can be disqualified from presiding over a civil lawsuit or criminal trial if the judge seems to be prejudiced against one of the parties or attorneys.

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North Carolina Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal