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Bronx New York Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal

Category:
Affidavits - Civil Procedure
State:
Multi-State
County:
Bronx
Control #:
US-02219BG
Format:
Word; 
Rich Text
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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 Bronx New York Affidavit To Disqualify Or Recuse Judge For Prejudice - Recusal Or Removal?

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FAQ

When a defendant, in a criminal case, claims that the judge showed bias, the record from the trial is reviewed to see if the defendant was deprived his or her due process of law. Bias, though, does not encompass unfavorable rulings, expressions of impatience, dissatisfaction, annoyance, nor anger.

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.

A recusal is appropriate when a conflict of interest exists between an employee's job duties and financial interests (including interests in future employment) or certain business or personal relationships or outside activities. Employees are strongly encouraged to document their recusals in writing.

Specifically, that when an affidavit of prejudice is timely filed the law deems that prejudice exists and the judge to whom it is directed no longer has authority to act in the matter. (

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.

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.

What is Judicial Disqualification or Recusal? Interest in the subject matter, or relationship with someone who is interested in it. Background or experience, such as the judge's prior work as a lawyer. Personal knowledge about the parties or the facts of the case. Ex parte communications with lawyers or non-lawyers.

If there is a legitimate reason, judges generally recuse themselves sua sponte. However, if the judge does not do this and the parties believe that the law and facts of the case require it, they may seek to disqualify the judge by filing a motion to recuse or disqualify the judge.

An affidavit is a sworn statement put in writing. When you use an affidavit, you're claiming that the information within the document is true and correct to the best of your knowledge. Like taking an oath in court, an affidavit is only valid when you make it voluntarily and without any coercion.

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.

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