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 Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal An Affidavit to Disqualify or Recuse a Judge for Prejudice serves as a legal document used by parties involved in a case to request the refusal or removal of a judge from presiding over their case due to demonstrated bias or prejudice. In the state of New Hampshire, this affidavit plays a crucial role in upholding fairness and ensuring unbiased judgment throughout legal proceedings. There are various types of New Hampshire Affidavits to Disqualify or Recuse Judges for Prejudice, depending on the circumstances and grounds for bias. Here are a few common classifications: 1. Personal Bias: This affidavit is utilized when a party believes that the judge has a personal bias or prejudice against one of the parties involved or their attorney. The affidavit must provide sufficient evidence or instances to demonstrate the judge's prejudice. 2. Financial Interest: In cases where a judge has a direct financial interest in the outcome of the case, an affidavit may be filed to request their refusal. This involves proving that the judge has a stake in the matter that could potentially influence their impartiality. 3. Prior Involvement: If the judge presided over a related case involving one of the parties, an affidavit can be filed to disqualify or recuse them. This scenario arises when there is a possibility that the judge's prior involvement could affect their ability to remain unbiased. 4. Public Statements: When a judge makes public statements, either through social media platforms, public appearances, or media interviews, that display prejudice or bias towards a party or the subject of the case, an affidavit may be filed to seek refusal. It's important to note that filing an affidavit does not guarantee the judge's immediate disqualification or refusal. However, it initiates a formal process that requires a thorough review by another qualified judge, who will assess the validity of the claims and determine whether the judge in question should be recused or removed. This mechanism ensures that justice is fairly served and that all parties can expect an unbiased legal proceeding. The New Hampshire Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal is an essential tool within the justice system, promoting transparency, fairness, and the right to a fair trial for all parties involved.
