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

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Multi-State
Control #:
US-02219BG
Format:
Word; 
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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

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

Illinois has a simple and effective provision for a Motion for Substitution of Judge as of Right, 735 ILCS 5/2-?1001(2), in civil cases for any reason. ?As of Right? Motions must be filed before any substantive matters have been decided in the case or must be filed pre-?trial, if the parties agree to the motion.

Declinature of jurisdiction, or recusal, refers to the act of a judicial office holder abstaining from taking part in legal proceedings due to a conflict of interest; or in cases where their impartiality might reasonably be questioned.

Whether the interest had, or would have, any effect on the judge is irrelevant; in effect, there is a presumption of bias and the judge must recuse themself so that justice is not only done, but also seen to be done.

Those Canons also require that a ?judge shall disqualify himself or herself in any proceeding in which the judge's impartiality might reasonably be questioned.? MD R JUDGES Rule 18-102.11. Following that recusal mandate, Rule 18-102.11 ?lists a non-exclusive set of circumstances that mandate recusal.? Abrishamian v.

A grievance regarding a complaint against a Judge can be taken up for inquiry by the concerned High Court or Supreme Court as per in-house procedure adopted by them. There is no role of Government in disposal of such grievances.

However, even before a case advances to that stage a party may argue that the judge deciding their case may be biased and invite the judge to recuse themself. An application for recusal is rare, but when made the judge must seriously consider it. There is a weight of case law setting out the test to be applied.

Rule 3-505 - Disqualification of Judge (a) Request for Recusal. A party who believes that a fair and impartial trial cannot be had before the judge to whom the action has been assigned may request the assigned judge to disqualify himself or herself.

What is a motion to recuse? A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. The motion can be brought by either a prosecutor or a defense attorney.

If a party believes that the judge's impartiality may reasonably be questioned under the provisions of the Constitution of New Mexico or the Code of Judicial Conduct, the party may file a notice of facts requiring recusal. The notice shall specifically set forth the constitutional grounds alleged.

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