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Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or...

West Virginia Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal

Q: How is a judge officially come to be recused from a proceeding?

The general rule is that, to warrant recusal, a judge&#039;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.

Q: In what circumstances would a judge be considered biased?

The fact is that judges often make decisions that aren&#039;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.

Category:

Affidavits - Civil Procedure

State:

Multi-State

Control #:

US-02219BG

Format:

Instant download

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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How to fill out Affidavit To Disqualify Or Recuse Judge For Prejudice - Recusal Or Removal?

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FAQ

Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer.

The judge is only required to order recusal (or refer the matter over to another judge to decide whether recusal is necessary) if a reasonable person, knowing all the facts, would have doubts about the judge's ability to be impartial in the case.

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.

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.

In the absence of a disqualification motion having been filed, except as provided by Rule 17.03 below, a judge seeking voluntary recusal shall so inform the parties and shall proceed pursuant to the applicable provisions of TCR 17.01(b), provided, that in lieu of a motion and certificate, the judge shall transmit to ...

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.

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.

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.

West Virginia Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal

Description

Related forms

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How to fill out Affidavit To Disqualify Or Recuse Judge For Prejudice - Recusal Or Removal?

Form popularity

FAQ

What does it mean when a judge is recusal?

What is an order of recusal by a judge?

When should you ask a judge to recuse?

How is a judge officially come to be recused from a proceeding?

What is a recusal judge in West Virginia?

What is the rule of necessity in recusal?

What is the difference between recusal and disqualification of judges?

In what circumstances would a judge be considered biased?

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West Virginia Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal

Description

Related forms

Viewed forms

How to fill out Affidavit To Disqualify Or Recuse Judge For Prejudice - Recusal Or Removal?

Form popularity

FAQ

What does it mean when a judge is recusal?

What is an order of recusal by a judge?

When should you ask a judge to recuse?

How is a judge officially come to be recused from a proceeding?

What is a recusal judge in West Virginia?

What is the rule of necessity in recusal?

What is the difference between recusal and disqualification of judges?

In what circumstances would a judge be considered biased?

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