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.
Nebraska Motion for Refusal of Judge — Removal: A Comprehensive Overview In legal proceedings, a Motion for Refusal of Judge, also known as a Motion for Removal, is filed when a party believes that the presiding judge should be disqualified from the case due to bias, prejudice, or other valid reasons that may hinder a fair trial. This crucial legal motion aims to protect the rights and ensure the impartiality of the judicial process in Nebraska. When a party perceives that a judge's actions, past statements, personal relationships, financial interests, or any other factors may create an unfair advantage or disadvantage in the case, they may file a Motion for Refusal of Judge. The purpose of this motion is to request the judge's voluntary disqualification or, alternatively, request the court's intervention to assign a new judge to the case. Nebraska recognizes different types of Motion for Refusal of Judge — Removal, depending on the specific circumstances and grounds for disqualification. Here are some notable variations: 1. Personal Bias or Prejudice: This type of motion is filed when a party believes that the judge holds personal bias or prejudice against them, their attorney, or their case. This bias could stem from personal, political, or other affiliations that may hinder the judge's ability to remain impartial and render a fair judgment. 2. Financial Interest: If a judge has a direct or indirect financial interest in the outcome of the case, the parties involved can file a motion to request refusal. Judges are expected to be free from any financial stake that could unduly influence their decision-making, ensuring an unbiased and fair trial. 3. Prior Involvement: If the presiding judge has had prior involvement in the case or related proceedings, parties can argue that their previous rulings, decisions, or interactions with the case's aspects could compromise their impartiality. In such instances, filing a Motion for Refusal of Judge becomes crucial to ensure a fresh perspective and an unbiased trial. 4. Personal Relationships: When a judge shares personal or familial relationships with any of the parties involved or their attorneys, it can lead to perceptions of bias. Parties may request a judge's disqualification if they believe these personal relationships could hinder the impartiality of the proceedings. 5. Appearance of Impropriety: Sometimes, even if a judge's actions may not necessarily indicate actual bias, the mere appearance of impropriety can be sufficient grounds to file a Motion for Refusal of Judge. This motion alleges that the judge's conduct or circumstances of the case may create a reasonable doubt about their ability to remain impartial. In Nebraska, the process for filing a Motion for Refusal of Judge involves drafting a formal written request that details the specific grounds for the motion, supported by relevant evidence or legal precedent. The motion is then submitted to the court and served to all parties involved. After reviewing the motion, the court will evaluate its merit and determine whether refusal is appropriate. If the motion is granted, a new judge will be assigned to ensure the integrity of the judicial process. In summary, the Nebraska Motion for Refusal of Judge — Removal is a pivotal legal tool that allows parties to ensure an unbiased trial by disqualifying judges who may have conflicts of interest, personal bias, or other factors that may hinder their ability to render a fair judgment. By filing this motion, parties can protect their right to a fair trial and the integrity of the judicial system.
