This is a multi-state form covering the subject matter of: Motion for Disclosure of any Possible
Basis of Judicial Recusal.
Collin Texas Motion for Disclosure of Any Possible Basis of Judicial Recusal
Category:
State:
Multi-State
County:
Collin
Control #:
US-00800
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Word;
Rich Text
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How to fill out Motion For Disclosure Of Any Possible Basis Of Judicial Recusal?
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FAQ
Unlike in lower courts, no one can sit in for justices who have recused themselves.
When should a judge rescue himself or herself from a case? A judge should rescue themselves from a case if there is any reason to believe that one party is being favored over another for a unjust reason.
Recusal means the self-removal of a judge or prosecutor because of a conflict of interest.
United States. At times justices or judges will recuse themselves sua sponte (on their own motion), recognizing that facts leading to their disqualification are present. However, where such facts exist, a party to the case may suggest recusal.
What is a motion to recuse? A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. The motion can be brought by either a prosecutor or a defense attorney.
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.
Under federal law, federal judges, including Supreme Court justices, are supposed to recuse themselves when they previously participated in a case or have a financial interest in it or when a close relative is involved.
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.
Generally, a judge must recuse himself if he has a personal bias or prejudice concerning a party to the lawsuit or has personal knowledge of the facts that are disputed in the proceeding.