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.
New Hampshire Motion for Refusal of Judge — Removal is a legal document used in the state of New Hampshire to request the disqualification or removal of a judge from a particular case. This motion is typically filed when a party believes that the judge assigned to preside over their case has a conflict of interest, bias, or any other valid reason that may compromise the fairness and impartiality of the proceedings. In New Hampshire, there are two main types of motions for refusal or removal of a judge: 1. Motion for Refusal due to Conflict of Interest: This type of motion is filed when the party believes that the judge has a personal, financial, or professional interest in the case that could interfere with their ability to render an unbiased decision. A conflict of interest may arise when a judge has a preexisting relationship with one of the parties, a stake in the outcome of the case, or any other factor that could lead to partiality. 2. Motion for Refusal due to Bias or Prejudice: This type of motion is filed when the party believes that the judge has shown bias or prejudice towards one of the parties involved in the case. Bias can manifest in different ways, such as favoring one side during proceedings, making derogatory remarks, showing hostility, or exhibiting any behavior that indicates a lack of impartiality. It is essential to provide evidence or documentation supporting these allegations when filing such a motion. When preparing a New Hampshire Motion for Refusal of Judge — Removal, several key elements should be included: 1. Case information: Begin by providing the case name, number, and the court in which it is being heard. 2. Party information: Clearly identify the party filing the motion and state whether they are the plaintiff or defendant. 3. Grounds for the motion: Clearly outline the specific reasons for seeking the judge's refusal. If it is a conflict of interest, describe the nature of the interest and how it may compromise the judge's impartiality. In case of bias or prejudice, provide concrete examples or incidents that demonstrate the judge's alleged bias. 4. Supporting evidence: Include any supporting documentation, such as relevant court transcripts, witness statements, or correspondence that helps substantiate the grounds for the motion. 5. Legal arguments: Provide legal citations and references to relevant case law or statutes that support the motion. Explain how these legal authorities establish the right to a fair and impartial judge and how the judge's actions or circumstances meet the criteria for refusal. 6. Relief sought: Clearly state the relief sought from the court, which is usually the removal of the judge from the case. 7. Signature and date: Conclude the motion with the signature of the party or their attorney, along with the date of filing. It is vital to adhere to the specific rules and procedures outlined in the New Hampshire court system when filing a motion for refusal of a judge. It is recommended to consult an attorney experienced in handling such matters to ensure all necessary requirements are met and the motion is appropriately presented.
