Bronx New York Motion for Recusal of Judge - Removal

State:
Multi-State
County:
Bronx
Control #:
US-02218BG
Format:
Word; 
Rich Text
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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FAQ

Uniform Rule 202.70 (d) was amended in 2014 to provide that a party seeking assignment to the Commercial Division shall do so within 90 days following service of the complaint. Failure to apply on time precludes a party from seeking such assignment.

Waiver and substitution If a judge fails to recuse themselves sua sponte and a party believes the judge has a bias the party may motion for substitution. In some jurisdictions litigants may have the right to substitute a judge, even if no bias is demonstrated.

Recusal means the self-removal of a judge or prosecutor because of a conflict of interest.

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.

With respect to federal judges, under Article I of the United States Constitution, the House of Representatives has the power to impeach and the Senate the power to hold a trial to determine whether removal is appropriate. The House can impeach a judge with a simple majority vote.

(3)Effect of Recusal. Upon determining herself or himself to be recused, the judge shall not further participate in the proceeding unless her or his recusal is waived by the parties as provided in subdivision (c) below.

Judges can recuse themselves sua sponte or do soor decline to do soif a party moves for disqualification. A declined disqualification motion is normally subject to appeal to a higher court, and courts have produced an extensive case law on the matter.

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.

(1) The judge has a personal bias or prejudice concerning a party or a party's lawyer, or personal knowledge of facts that are in dispute in the proceeding. (d) likely to be a material witness in the proceeding.

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.

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More info

In a family law case, you may automatically disqualify ONE judge without proving prejudice or bias. Conversely, violation of this Code diminishes public confidence in the judiciary and injures our system of government under law.The Canons are rules of reason.

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Bronx New York Motion for Recusal of Judge - Removal