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 Virgin Islands Affidavit to Disqualify or Recuse Judge for Prejudice Refusalal or Removal is a legal document used in the Virgin Islands judicial system to request the disqualification or refusal of a judge from a case due to perceived prejudice. This affidavit is filed by either the plaintiff or the defendant in a legal proceeding when they believe that the judge assigned to their case may be biased or have a conflict of interest that could influence the outcome of the trial. This affidavit serves as a means to protect the parties involved in a court case by ensuring that justice is served in a fair and impartial manner. When a party files an affidavit to disqualify or recuse a judge, they are essentially claiming that they have a reasonable belief that the judge cannot make an unbiased decision because of personal or professional relationships, personal interests, or other factors that could create prejudice. Keywords: Virgin Islands, Affidavit, Disqualify, Recuse Judge, Prejudice, Refusal, Removal, legal document, judicial system, disqualification, bias, conflict of interest, court case, fair, impartial, justice, parties involved. Different types of Virgin Islands Affidavits to Disqualify or Recuse a Judge for Prejudice may include: 1. Personal Bias Affidavit: This type of affidavit is filed when one of the parties involved believes that the judge has a personal bias against them or their case. The affine must provide specific instances or evidence to support their claim of personal bias. 2. Professional Bias Affidavit: This affidavit is used when one party alleges that the judge has a professional bias or conflict of interest that could impact the impartiality of their decisions. This could be due to prior professional relationships or connections between the judge and one of the parties involved. 3. Familial Relationship Affidavit: This type of affidavit is filed when one party believes that the judge has a familial relationship with another party involved in the case. The affine must provide evidence to demonstrate that the judge's personal relationship with a party could influence their ability to be impartial. 4. Financial Interest Affidavit: This affidavit is used when a party believes that the judge may have a financial interest in the outcome of the case. The affine must present evidence or indications that the judge stands to benefit financially from a particular decision, which could compromise their impartiality. 5. Personal Relationship Affidavit: This type of affidavit is filed when a party believes that the judge has a personal relationship with a party, attorney, or witness involved in the case. The affine must provide specific details about the nature of the relationship and explain how it could affect the judge's ability to make an unbiased decision. It is important to note that the specific requirements and procedures for filing an affidavit to disqualify or recuse a judge may vary in the Virgin Islands. Parties seeking to file such an affidavit should consult with an attorney familiar with local laws and regulations to ensure compliance and maximize the chances of success.
