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.
Utah Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal In Utah, if individuals believe that a judge presiding over their case is biased or prejudiced, they have the option to file an Affidavit to Disqualify or Recuse the Judge for Prejudice. This legal document allows parties to request the removal of a judge from their case, ensuring a fair and impartial proceeding. Understanding the process, requirements, and different types of affidavits used for refusal or removal is essential when navigating the Utah legal system. Types of Affidavits to Disqualify or Recuse Judge for Prejudice in Utah: 1. Refusal Affidavit: This affidavit is filed when an individual believes that the judge assigned to their case is biased or has a conflict of interest that compromises their ability to make fair and impartial decisions. The refusal affidavit explains the reasons for requesting the judge's removal and may include relevant evidence or instances that support the bias claim. 2. Prejudice Affidavit: A prejudice affidavit is similar to a refusal affidavit but focuses on prejudice rather than bias or conflict of interest. It alleges that the judge has made discriminatory remarks or displayed a prejudiced attitude that affects their ability to rule impartially. This affidavit outlines specific incidents or evidence that demonstrate the judge's prejudice, providing a basis for their disqualification or refusal. 3. Removal Affidavit: The removal affidavit is filed when there is a legitimate reason to believe that the judge's continued involvement in the case will deny the parties' constitutional right to due process. This affidavit typically highlights instances where the judge has failed to adhere to legal procedures, exhibited clear bias, or demonstrated unfair conduct. It emphasizes the need for the judge's removal to ensure a fair trial or proceeding. Process and Requirements for Filing an Affidavit to Disqualify or Recuse Judge for Prejudice in Utah: To file an affidavit for refusal or removal, certain requirements and steps must be followed: 1. Timely Filing: The affidavit must be filed promptly after discovering the grounds for disqualification or refusal. Failing to do so may result in the waiver of this right in some cases. 2. Specificity and Sworn Statement: The affidavit must provide detailed facts regarding the judge's alleged bias, prejudice, conflict of interest, or unfair conduct. The statement should be signed and sworn in the presence of a notary public, declaring that the information provided is true and accurate to the best of the affine's knowledge. 3. Service: Copies of the affidavit must be served to all parties involved in the case, including the judge in question. The timeframes and appropriate methods for serving the affidavit should comply with Utah court rules and procedures. 4. Judicial Review: After receiving the affidavit, the judge or court will review the document and determine whether the claims are substantial and provide reasonable grounds for disqualification or refusal. The judge may either acknowledge the affidavit's validity and excuse themselves from the case or deny the affidavit and continue presiding over the proceedings. It is important to note that filing an affidavit to disqualify or recuse a judge is a serious legal step that should not be taken lightly. Seeking legal counsel or guidance from an experienced attorney familiar with Utah's refusal or removal procedures is advisable to ensure proper execution and presentation of the affidavit.
