Wisconsin Motion for Recusal of Judge - Removal

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Multi-State
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US-02218BG
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Description

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.

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FAQ

The Wisconsin statutes specify grounds for removal by address, though the Wisconsin Constitution does not. Under the statutes, charges against a justice or judge must allege either misconduct, or that the judge is not physically or mentally qualified to exercise the judicial functions of the office. Removal of Elected Officials: Recall, Impeachment, Expulsion, and ... wisconsin.gov ? information_memos wisconsin.gov ? information_memos

The general rule is that, to warrant recusal, a judge's expression of an opinion about the merits of a case, or his familiarity with the facts or the parties, must have originated in a source outside the case itself.

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.

The general rule is that, to warrant recusal, a judge's expression of an opinion about the merits of a case, or his familiarity with the facts or the parties, must have originated in a source outside the case itself. Judicial disqualification - Wikipedia wikipedia.org ? wiki ? Judicial_disqualification wikipedia.org ? wiki ? Judicial_disqualification

Generally, the code provision requires a judge to recuse himself or herself in a proceeding when: (1) the facts and circumstances the judge knows or reasonably should know establish a specified conflict; or (2) when reasonable, well-informed persons knowledgeable about judicial ethics standards and the justice system ... WISCONSIN LEGISLATIVE COUNCIL wisconsin.gov ? study ? memono4_judi wisconsin.gov ? study ? memono4_judi

Under this rule, a judge must recuse himself or herself whenever the facts and circumstances the judge knows or reasonably should know raise reasonable question of the judge's ability to act impartially, regardless of whether any of the specific rules in SCR 60.04 (4) applies.

The Due Process clauses of the United States Constitution require judges to recuse themselves from cases in two situations: Where the judge has a financial interest in the case's outcome. Where there is otherwise a strong possibility that the judge's decision will be biased. recuse | Wex | US Law | LII / Legal Information Institute cornell.edu ? wex ? recuse cornell.edu ? wex ? recuse

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Wisconsin Motion for Recusal of Judge - Removal