This is a multi-state form covering the subject matter of: Motion for Disclosure of any Possible
Basis of Judicial Recusal.
Oregon 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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FAQ
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.
Second, a judge who refuses recusal when necessary may be further reprimanded or disciplined. Although disciplinary measures vary by jurisdiction, one such measure includes the judge losing their job.
"Recusal" means the process by which a person is disqualified, or disqualifies himself or herself, from a matter because of a conflict of interest.
The legal term disclosure refers to the portion of the litigation process where each party in the suit is required to disclose any documents that may be considered relevant to the case going to court. This stage normally occurs after each party has made their initial statement in their case.
A recusal or disqualification is a method used to resolve an apparent or actual conflict of interest. A disqualified employee may be required to sign a written statement reflecting the scope of the disqualification and the precise nature of the conflicting interest or activity.
Ing to Black's Law Dictionary, "recusal" is the process "by which a judge is disqualified on objection of either party (or disqualifies himself or herself) from hearing a lawsuit because of self-interest, bias or prejudice".
How to Recuse: Name. Position & agency. Describe the nature of your conflict. Indicate that you are recusing from participation. Sign the memo or form under penalty of perjury.
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.
