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New York Motion for Disclosure of Any Possible Basis of Judicial Recusal

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This is a multi-state form covering the subject matter of: Motion for Disclosure of any Possible
Basis of Judicial Recusal.

The New York Motion for Disclosure of Any Possible Basis of Judicial Refusal is a legal document used in the state of New York to request information regarding any potential conflicts of interest or biases that may exist within the judiciary. This motion aims to ensure a fair and impartial trial by allowing parties in a legal case to identify any grounds that could potentially lead to a judge's refusal. Keywords: New York, motion, disclosure, basis, judicial refusal, conflicts of interest, biases, fair, impartial, trial, legal case, judge, refusal. Types of New York Motion for Disclosure of Any Possible Basis of Judicial Refusal: 1. Motion to Disclose Financial Interests: This type of motion seeks the disclosure of any financial interests a judge may have that could potentially create a conflict of interest in a case. 2. Motion to Disclose Prior Relationships: This motion requests the disclosure of any past personal or professional relationships between a judge and any party involved in the litigation that could bias the judge's decisions. 3. Motion to Disclose Previous Rulings or Public Statements: This type of motion aims to uncover any previous rulings or public statements made by a judge that could indicate a preconceived bias or prejudice in favor or against a party in the current case. 4. Motion to Disclose Political Affiliations: This motion seeks the disclosure of a judge's political affiliations or memberships in organizations that could potentially influence their decision-making. 5. Motion to Disclose Family Connections: This type of motion requests the disclosure of any familial relationships between a judge and any party involved in the litigation, as these relationships could potentially create bias or conflicts of interest. Overall, the New York Motion for Disclosure of Any Possible Basis of Judicial Refusal allows parties to ensure a fair and unbiased trial by shedding light on any potential conflicts or biases that may impact the neutrality of the presiding judge. It provides a mechanism for parties to request disclosure of various categories of potentially disqualifying factors to promote transparency and uphold the principles of justice in the legal system.

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FAQ

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

United States, 510 U.S. 540 (1994)28 U.S.C. §455(a) requires recusal of a judge in any proceeding in which his impartiality may be questioned. The Supreme Court holds that matters arising out of the course of judicial proceedings ? either in this case, or in a prior case ? are not a proper basis for recusal.

The Due Process clauses of the United States Constitution require judges to recuse themselves from cases in two situations: Where the judge has a financial interest in the case's outcome. Where there is otherwise a strong possibility that the judge's decision will be biased.

The general rule is that, to warrant recusal, a judge's expression of an opinion about the merits of a case, or his familiarity with the facts or the parties, must have originated in a source outside the case itself.

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.

"Recusal" means the process by which a person is disqualified, or disqualifies himself or herself, from a matter because of a conflict of interest.

Key Concepts. Either party may move that the judge recuse him- or herself on the grounds of prejudice or conflict. The moving party bears the burden of proof. The defendant may also move to have the prosecutor recused from a case, but the court may grant such relief only upon an actual showing of conflict of interest.

For example, recusal is required in matters where (1) the judge or judge's spouse, or a minor child residing in the judge's household, has an economic interest in the subject matter of the controversy; (2) the judge has knowledge of certain disputed evidentiary facts concerning the proceeding; or (3) the judge's spouse ...

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(l) Establish a panel which shall issue advisory opinions to judges and justices of the unified court system upon the request of any one judge or justice, ... (3) Any person who may be appointed to fill a full-time judicial vacancy on an interim or temporary basis pending an election to fill such vacancy may apply to ...“A motion to disqualify a judicial authority shall be in writing and shall be accompanied by an affidavit setting forth the facts relied upon to show the. This document contains questions and answers to assist with filing a complaint alleging a federal judge has committed misconduct or has a disability that ... No justice, judge, or magistrate judge shall accept from the parties to the proceeding a waiver of any ground for disqualification enumerated in subsection (b). The Code of Conduct for United States Judges includes the ethical canons that apply to federal judges and provides guidance on their performance of official ... by LW ABRAMSON · 2007 · Cited by 6 — Third, one or more of the parties may file a motion to disqualify the judge, based either on the judge's disclosure or upon their own independent knowledge; if ... by D Thorley · 2023 — ABSTRACT—U.S. courts rely predominately on judicial self-recusal and in- court disclosure to address judicial conflicts of interest and maintain a critical. Jul 15, 2020 — (C) A judge subject to disqualification under this Rule, other than for bias or prejudice under paragraph (A)(1), may disclose on the record the ... In any case in which an employee is required to file any action, appeal, or petition under this section and the employee timely files the action, appeal, or ...

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New York Motion for Disclosure of Any Possible Basis of Judicial Recusal