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.
Rhode Island Motion for Refusal of Judge — Removal A Rhode Island Motion for Refusal of Judge — Removal is a legal document filed by a party in a court case when they believe that the judge presiding over their case cannot remain impartial or has a conflict of interest. This motion is aimed at requesting the removal of the judge from the case in order to ensure fairness and maintain the integrity of the judicial process. The motion is typically supported by relevant evidence and legal arguments that demonstrate why the judge's continued presence would result in bias, prejudice, or an unfair advantage to one party over the other. It is essential to include specific actions or statements made by the judge that demonstrate a potential lack of impartiality. The motion may also cite applicable laws or rules of judicial conduct that have been violated by the judge. Different types of Rhode Island Motion for Refusal of Judge — Removal include: 1. Actual Bias: This type of motion is filed when there is clear evidence of the judge being personally biased or prejudiced against one party. It may be supported by instances where the judge has made discriminatory remarks or displayed behavior indicating a preconceived opinion about the case or one of the parties involved. 2. Conflict of Interest: If the judge has a personal, financial, or professional interest that could compromise their ability to make unbiased decisions, a motion for refusal can be filed. This may involve situations where the judge has a close relationship with one of the parties, has a direct stake in the outcome of the case, or has a history of involvement in related matters. 3. Appearance of Impropriety: Sometimes, even if there is no actual bias or conflict of interest, a party may argue that the judge's actions or affiliations create an appearance of impropriety. This motion contends that the circumstances would lead a reasonable person to question the judge's impartiality or fairness. When filing a Rhode Island Motion for Refusal of Judge — Removal, it is crucial to consult legal counsel to ensure all necessary requirements are met, as each case and jurisdiction may have specific rules and procedures that need to be followed. The motion provides an opportunity for the court to review the claims made and determine whether the judge's removal is warranted to safeguard the principles of justice and the integrity of the judicial system.
