This is a multi-state form covering the subject matter of: Motion for Disclosure of any Possible
Basis of Judicial Recusal.
New Jersey Motion for Disclosure of Any Possible Basis of Judicial Recusal
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How to fill out Motion For Disclosure Of Any Possible Basis Of Judicial Recusal?
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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.
Also, requests for recusal should be in the form of a motion. In many areas if there is a VALID complaint of judicial misconduct filed with, or being processed by, the local judicial disciplinary board, one has a better chance of successful recusal at hearings FOLLOWING the filing of the complaint.
A motion to recuse is a legal motion that asks the court to remove a judge from a case because they may be biased. A motion to recuse a judge can be filed by the prosecutor, the defense attorney, or the plaintiff or defendant in either a criminal or civil case.
If there is a legitimate basis for requesting a new judge in your matter, your attorney must file a motion with the court requesting that the judge recuse themselves from the matter.
Recusal means the self-removal of a judge or prosecutor because of a conflict of interest.
The judge is only required to order recusal (or refer the matter over to another judge to decide whether recusal is necessary) if a reasonable person, knowing all the facts, would have doubts about the judge's ability to be impartial in the case.
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. And, a motion to recuse can be filed in either a civil suit or in a criminal trial.
(d) Any party may, by motion, apply to a judge for his or her disqualification. Such motion must be accompanied by a statement of the reasons for such application and shall be filed as soon as practicable after a party has reasonable cause to believe that grounds for disqualification exist.