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.
The South Carolina Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal is a legal document used to request the disqualification or refusal of a judge from a case due to potential bias or prejudice. This affidavit is crucial in ensuring a fair and impartial legal proceeding. In South Carolina, there are different types of affidavits that can be filed to disqualify or recuse a judge, depending on the specific circumstances of the case. Some of these types include: 1. Affidavit for Disqualification: This affidavit is used when a party believes that a judge should be disqualified from presiding over a case due to a personal bias or prejudice. The affidavit should provide evidence or specific facts supporting the allegations of bias. 2. Affidavit for Refusal: This affidavit is filed when a party believes that a judge may not be impartial or fair in the case and requests the judge to voluntarily recuse themselves from presiding over the matter. The affidavit typically explains the reasons for the concern and may also provide supporting evidence. 3. Affidavit for Removal: In certain situations, if a judge does not voluntarily recuse themselves despite the filing of an affidavit, a party may request the removal of the judge through an affidavit. This type of affidavit should outline clear grounds for the removal, such as a conflict of interest or a violation of judicial ethics. When completing a South Carolina Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal, it is important to include relevant keywords and information to properly identify the case and the judge in question. This includes the parties involved, the case number, the court where the case is being heard, and the specific allegations or facts that lead to the belief of bias or prejudice. It is essential to consult with a qualified attorney experienced in South Carolina law to ensure that the affidavit is accurate, properly formatted, and adheres to the relevant rules and regulations set forth by the South Carolina judicial system.
