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.
West Virginia Motion for Refusal of Judge — Removal: Explained In the legal arena, a West Virginia Motion for Refusal of Judge — Removal refers to the formal procedure employed by a party involved in a legal case to request the removal of a judge from presiding over their case. This motion aims to address situations where a judge's impartiality may be compromised or there exists a conflict of interest that could potentially hinder fair trial proceedings. Under West Virginia law, there are two primary types of motions for refusal or removal of a judge: for prejudice and for cause. — Motion foRefusalal based on Prejudice: This type of motion is filed when a party believes that the judge has demonstrated bias or prejudice that may prevent the fair and unbiased disposition of their case. The motion must present specific instances or evidence supporting the claim of prejudice. Allegations of prior personal relationships, statements indicating bias, or any other factors that could compromise the judge's objectivity can be cited in this motion. — Motion foRefusalal based on Cause: This motion is filed when a party demonstrates the existence of a genuine conflict of interest that could affect the judge's ability to impartially handle the case. The grounds for refusal based on cause include a judge's financial interest in the outcome of the litigation, prior involvement in the case as an attorney or witness, or a close familial or personal relationship with one of the parties. When filing a Motion for Refusal in West Virginia, it is crucial to comply with the state's procedural rules. The motion must be supported by legal arguments, case law, and relevant evidence to substantiate the request. Additionally, the motion should clearly state the party's preferred alternative, such as reassigning the case to another judge or seeking a replacement judge from a higher court. It is important to note that successfully obtaining the refusal of a judge is a complex process. The party seeking removal must persuade the court through persuasive arguments and substantial evidence that the judge's impartiality is compromised. The judge, in turn, will evaluate the merits of the motion and make a decision on whether there is sufficient cause for refusal or whether the motion lacks merit. In summary, a West Virginia Motion for Refusal of Judge — Removal is a legal procedure used to request the removal of a judge due to perceived bias, prejudice, or a conflict of interest. By following the correct procedures and providing compelling evidence, a party can potentially secure a fair trial by having a new judge assigned to their case.
