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