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.
Title: Understanding Ohio Motion for Refusal of Judge — Removal: Types and Procedures Introduction: Ohio Motion for Refusal of Judge — Removal is a legal process designed to request the removal of a judge from a case due to impartiality, bias, or conflicts of interest. This article offers an in-depth look into the concept of refusal, its significance, and various types under Ohio law. 1. What is a Motion for Refusal of Judge — Removal? A motion forefusalal of judge — removal is a formal request made by a party involved in a legal case to have the presiding judge disqualified or removed. The aim is to ensure a fair and unbiased trial. 2. Importance of Refusal: Refusal is crucial for preserving the integrity of the legal system by preventing judges from deciding cases where their impartiality may be reasonably questioned. It upholds the principle of fairness and ensures justice is served. 3. Grounds for Filing a Motion for Refusal: a. Personal Bias: If a judge has a personal relationship with one of the parties or their attorney, it may create a bias that could affect their ability to be impartial. b. Financial Interests: If a judge or their close family members have any financial interest or stake in the outcome of the case, refusal may be warranted. c. Prejudice or Animosity: If the judge has exhibited prejudiced behavior, hostility, or an animosity towards a party, it could affect their ability to remain impartial. d. Concurrent Involvement: If the judge is concurrently involved in another case, personal or professional, with one of the parties, it could raise concerns for impartiality. 4. Types of Ohio Motion for Refusal of Judge — Removal: a. Automatic Disqualifications: Certain circumstances, as defined by Ohio law, may automatically disqualify a judge from hearing a case. For example, if the judge is a party to the action or if the judge has served in a previous case involving similar facts and parties. b. For Cause Removal: Parties may file a motion for refusal if they believe the judge is biased, prejudiced, or has a conflict of interest that could impact the fairness of the trial. c. Peremptory Refusal: Parties may exercise the right to peremptory refusal, allowing them to request a judge's removal without stating a specific reason. This option is provided to ensure confidence in the judicial system. 5. Procedure for Filing a Motion for Refusal: a. Consult with an attorney: It is recommended to consult with an experienced attorney to evaluate the merits of filing a refusal motion. b. Prepare the motion: The motion needs to be drafted, outlining the grounds for refusal and any supporting evidence. c. File the motion: The motion must be filed with the appropriate court and served to all relevant parties. d. Review and hearing: The court will assess the motion, hear arguments, and evaluate the evidence presented before making a decision on refusal. Conclusion: Ohio Motion for Refusal of Judge — Removal is an important tool to safeguard the integrity and fairness of legal proceedings. Parties can seek the removal of a judge who may be biased, have a conflict of interest, or exhibit any other factors that may compromise an impartial trial. Understanding the grounds, types, and procedures of refusal motions is crucial for ensuring a just legal process.
