Wisconsin Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal

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Multi-State
Control #:
US-02219BG
Format:
Word; 
Rich Text
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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

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 ...

Federal judges can only be removed through impeachment by the House of Representatives and conviction in the Senate. Judges and Justices serve no fixed term ? they serve until their death, retirement, or conviction by the Senate.

(2) Any judge shall disqualify himself or herself from any civil or criminal action or proceeding when one of the following situations occurs: (a) When a judge is related to any party or counsel thereto or their spouses within the 3rd degree of kinship.

Judges may be removed by address for any reason, but it requires a two-thirds majority of both chambers of the Legislature, and the judge must first be informed of the charges and allowed to make their case to the Legislature. Any elected official in Wisconsin may alternatively be removed through a recall election.

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.

Impeachment is a process by which the political branches of government ? usually the legislature ? can remove judges from office.

Although there can be some technical differences between the two terms, ?recuse? can usually be used interchangeably with ?disqualify.? When a judge is disqualified or recused from a case, he or she does not participate. In trial courts and some appellate courts, another judge hears it in place of the one who recused.

If the Judicial Conference finds possible grounds for impeachment, it submits a report to the House of Representatives. Only Congress has the authority to remove an Article III judge. This is done through a vote of impeachment by the House and a trial and conviction by the Senate.

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Wisconsin Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal