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.
San Antonio Texas Motion for Refusal of Judge — Removal: Explained In the legal system of San Antonio, Texas, a Motion for Refusal of Judge — Removal is a legal document filed by one party in a case to request the disqualification or removal of a judge from presiding over their case. This motion is based on a belief that the judge may have a conflict of interest, bias, or any other reason that may prevent them from providing fair and impartial judgment on the matter at hand. Keywords: San Antonio Texas, motion for refusal, judge removal, legal system, disqualification, conflict of interest, bias, fair and impartial judgment. Types of San Antonio Texas Motion for Refusal of Judge — Removal: 1. Personal Bias: This type of motion claims that the judge has a personal bias or prejudice against one party involved in the case. It can be based on past interactions, previous rulings, or any behavior that suggests the judge may not be impartial. 2. Financial Interest: If a judge has a financial stake in the outcome of a case or has a relationship with one of the parties that could influence their decision-making process, a motion for refusal based on financial interest can be filed. 3. Prior Involvement: This type of motion is used when the judge has a prior involvement in the case, such as having been a lawyer, witness, or involved in any legal capacity related to the matter being litigated. It asserts that their prior knowledge or experience may prejudice their ability to fairly decide the case. 4. Conflict of Interest: A motion for refusal based on conflict of interest claims that the judge has a personal, professional, or familial relationship with one of the parties, their lawyers, or any other individual connected to the case. This relationship may compromise the judge's objectivity, creating grounds for refusal. 5. Appearance of Bias: Even if there is no clear evidence of actual bias, a motion for refusal can be filed if there is a perceived appearance of bias. This motion alleges that the judge's conduct or statements may lead reasonable observers to question their impartiality, which can affect the integrity of the judicial process. It is essential to note that each motion for refusal is unique to the specific circumstances of a case, and the grounds for refusal must be substantiated with evidence or valid arguments. The decision on whether to grant or deny a motion for refusal rests with another judge, who will carefully evaluate the allegations and determine their validity, ensuring a fair legal process for all parties involved.
