This is a multi-state form covering the subject matter of: Motion for Disclosure of any Possible
Basis of Judicial Recusal.
Washington 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 fact is that judges often make decisions that aren't fair or legally correct, for no good reason. There can be bias even when a judge is no respecter of persons. For sure, when one or both parties are in court without a lawyer, you can expect to see judicial bias. The judge wants that case off the docket for good.
File a Motion for Reconsideration A motion for reconsideration includes a written brief containing the reasons why you and your legal team believe the decision was unfair or biased. In addition to the written brief, there may be oral arguments before the judge.
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.
Common complaints of ethical misconduct include improper demeanour; failure to properly disqualify when the judge has a conflict of interest; engaging in ex parte communication and failure to execute their judicial duties in a timely fashion. Behaviour outside of the courtroom can also be at issue.
File a Motion for Reconsideration A motion for reconsideration includes a written brief containing the reasons why you and your legal team believe the decision was unfair or biased. In addition to the written brief, there may be oral arguments before the judge.
There is, however, an exception to the ordinary recusal requirements, known as ?the rule of necessity,? which allows judges to hear a case in which virtually all other available judges would have the same disqualifying interest, and the case could not otherwise be heard.
Most of the time, however, judges have absolute immunity, which protects them from personal lawsuits. The principle of absolute immunity shields government officials from being sued while they serve in an official capacity, and it extends to judicial officers including court judges.
In many jurisdictions in Washington, the term "recusal" is used interchangeably with the term "disqualification." A judge's obligation not to hear or decide matters in which disqualification is required applies regardless of whether a motion to disqualify is filed.