Disqualification judge. Byerley, Chief Judge of the 56th Circuit Court; Paul J.

Disqualification judge (b) Affidavit of Prejudice. (iv) Is to the judge's knowledge likely to be a material witness in the proceeding. In 1994, the U. (a) Disqualification of judge without cause. If the judge denies the motion, a party can upon request refer the matter to the chief judge, who decides the motion de novo. Judicial Disqualification in Michigan was created from a presentation authored by the Honorable Thomas K. 9 DISQUALIFICATION OF JUDGE Disqualification. Cause for Disqualification; On the Court's Motion The judge of any court shall be disqualified on the court's own motion and shall not sit in any matter, if the judge In Florida, disqualification of a trial judge is governed by statutory provisions and by rules of court, as well as by the Code of Judicial Conduct. 30. Rule 18b. This web page has many external links to valuable resources. 6 says a judge can be disqualified from presiding over a civil lawsuit or criminal trial if the judge seems prejudiced against one of the parties or attorneys. 12. 050. , address, and telephone no. — Whenever a party to any action or proceeding makes and files an affidavit stating fear that he or she will not receive a fair trial in the court where the suit is pending on account of the prejudice of the judge of that court against the applicant or in favor of the adverse party, the judge shall proceed no further California Law Regarding Judicial Disqualification There are times when the disqualification of a judge can be an issue. e. Disqualification And Disability Of Judges 1:12-1. (1) In this section, “judge" includes the supreme court justices, court of appeals judges, circuit court judges and municipal judges. (1) In this section, “judge” includes the supreme court justices, court of appeals judges, circuit court judges and municipal judges. Sep 26, 2025 · The chief justice of the Supreme Court or any judge of that court designated by him shall pass upon the disqualification of any judge of the courts of appeals or courts of common pleas or division thereof. 1, even if the judge believes there is no actual basis for disqualification. 03 of the Revised Code, and, upon the filing of the affidavit, the provisions of those divisions apply to the affidavit, the proceeding, the judge, and the parties to the proceeding. Only if the elected prosecutor is disqualified can the entire office be disqualified under the case law. In order to ensure the aims of justice and to protect the integrity of the judicial system, all judges must understand the law governing (1) disqualification and (2) recusal. {¶ 1} Colleen O’Toole, the Ashtabula County Prosecuting Attorney, has filed an affidavit of disqualification pursuant to R. In any case pending in any court of limited jurisdiction, unless otherwise provided by law, the judge thereof shall be deemed disqualified to hear and try the case when the judge is in any way interested or prejudiced. New Judge. Jud. 11: Disqualification Effective July 31, 2017 (A) A judge shall disqualify himself or herself in any proceeding in which the judge's impartiality* might reasonably be questioned, including but not limited to the following circumstances: (1) The judge Art. 79(C). If someone wishes to challenge the California Law Regarding Judicial Disqualification There are times when the disqualification of a judge can be an issue. S. ” Disqualification is “something that incapacitates, disables, or makes one ineligible; especially a bias or conflict of interest that prevents a judge or Judges—Affidavit of disqualification—R. Disqualifications Of Judges CODE OF CIVIL PROCEDURE SECTION 170-170. J. 11 (C) allows remittal of disqualification, except in the case of bias or prejudice concerning a party, the parties and lawyers. (a) A judge shall be disqualified if any one or more of the following is true: (1) (A) The judge has personal knowledge of disputed evidentiary facts Feb 5, 2021 · The new language explains that Rule 2. Notice of disqualification. If someone wishes to challenge the Staff Memorandum 2025-04 Automatic Disqualifications of a Judge and Related Matters At its May 2025 meeting, the Committee on Revision of the Penal Code will consider the power given to prosecutors and defense attorneys to automatically disqualify judges using Code of Civil Procedure § 170. 757. The objective of the statute is to assure that the person who participates in any judicial proceeding in a judicial capacity is disinterested Rule 18a. Jul 10, 2014 · If the chief justice of the supreme court, or any justice of the supreme court designated by the chief justice, determines that the interest, bias, prejudice, or disqualification alleged in the affidavit exists, the chief justice or the designated justice shall issue an entry that disqualifies that judge from presiding in the proceeding and Filing Guide for Afidavits of Disqualification A party or an attorney may seek a judge’s removal from a case by filing an afidavit of disqualification with the the Supreme Court of Ohio Ofice of the Clerk. 03 and S. Jun 1, 2022 · Applicable Rules Council on Judicial Complaints Administrative Rules Rule 15 - Rules for District Courts of Oklahoma, Disqualification of Judges in Civil and Criminal Cases Supreme Court Rules Governing Complaints on Judicial Misconduct. 330, Fla. 170. — Whenever a party to any action or proceeding makes and files an affidavit stating fear that he or she will not receive a fair trial in the court where the suit is pending on account of the prejudice of the judge of that court against the applicant or in favor of the adverse party, the judge shall proceed no further STATE OF MICHIGAN JUDICIAL DISTRICT JUDICIAL CIRCUIT COUNTY PROBATE CASE NO. The parties then have 14 days to file a motion for disqualification. 03—If a judge cannot prove that he or she has taken steps to protect the safety of individuals in the courtroom, the judge may be disqualified, especially if the judge cannot also articulate the necessity of proceeding with jury trials during a dangerous stage of a pandemic—Affidavit granted. – No judge or judicial officer shall sit in any case in which he, or his wife or child, is pecuniarily interested as heir, legatee, creditor or otherwise, or in which he is related to either party within the sixth degree of consanguinity or affinity, or to counsel within the fourth degree, computed according to the rules of the civil law, or in which he Connecticut Law About Recusal (Disqualification of Judicial Authority) These links connect to resources available and are provided with the understanding that they represent only a starting point for research. 1 may be waived EXCEPT the following. The judge has not made any discretionary ruling in this case that would prevent disqualification. Authority Canon 3E (2): “In all trial court proceedings, a judge shall disclose on the record information that is reasonably relevant to the question of disqualification under Code of Civil Procedure Section 170. Sep 13, 2010 · Different scenarios include: Assignments to judge for all purposes (i. Sep 19, 2024 · "Notices of disqualification" concern disqualification of judges during civil litigation. — Whenever a party to any action or proceeding makes and files an affidavit stating fear that he or she will not receive a fair trial in the court where the suit is pending on account of the prejudice of the judge of that court against the applicant or in favor of the adverse party, the judge shall proceed no further All statutory grounds for disqualification in CCP § 170. 19 Disqualification of judge. ” The standards for disqualification of a judge vary from state to state, and disqualification is rare. In all trial court proceedings, a judge shall disclose on the record information that the judge believes the parties or their lawyers might consider relevant to the question of disqualification, even if the judge believes there is no basis for disqualification. The judge acknowledges that a day after Mr. § 455 Disqualifications of Judges from TITLE 2, PART 1 of the California Code of Civil Procedure (2024) Code of Civil Procedure § 170. O’Toole has also 757. Judges can be disqualified from hearing cases originally assigned to them. 040. 250 (Disqualification of judge) by motion supported by affidavit that the party or attorney believes that the party or attorney cannot have a fair and impartial trial or hearing before the judge, and that it is made in good faith and not for the purpose It is not necessary, however, in every instance of disqualification on an appellate justice or judge, to certify a disqualification to the governor, or for the governor to commission a judge or judges. 64. 03 seeking to disqualify Judge David A. 11 (A) requires that judges recuse themselves, regardless of whether a motion has been filed, when a judge’s “impartiality might reasonably be questioned. Disqualification of judge. Rule 2. 250 (Disqualification of judge) to 14. P. {¶ 2} As explained below, Ward’s affidavit to disqualify Judge Ruehlman from Ward v. Any and all attempted judicial acts by any judge so disqualified in a cause, whether done We would like to show you a description here but the site won’t allow us. 2009 California Code of Civil Procedure - Section 170-170. Ross is dismissed because nothing is pending in that case. Rules may be adopted to provide for the hearing of disqualification matters involving judges of courts established by law. Available Versions of this Section 3-1-805. A judge has a duty to decide any proceeding in which he or she is not disqualified. This legal mechanism allows parties in a criminal case to request the removal of a judge who may not be able to remain unbiased. If the judge comes within the statutory criteria, the disqualification is mandatory. To provide proper context, we examine the history Judge Ruehlman filed a response to the affidavit of disqualification. Phoenix Hummel, MJI Publications Manager, authored the benchbook in 2012. 040(1) (emphasis and Jul 1, 2016 · Upon disqualification of a judge for any reason, the administrative judge of the judicial district, or designee, must appoint another qualified judge in the judicial district, or apply to the Supreme Court for appointment of a new judge from outside of the judicial district. Admin. This is called a peremptory challenge. Ward is granted to avoid an appearance of impropriety. Editor's Note: Although they have different meanings, the terms disqualification and recusal are often used interchangeably in case law and motions to refer to a judge being removed from a case, whether it's done sua sponte (of the judge's own accord) or on a party's motion. 3 (a) (1) If a judge determines himself or herself to be disqualified, the judge shall notify the presiding judge of the court of his or her recusal and shall not further participate in the proceeding, except as provided in Section 170. Schroeder of the Ashtabula County Court of Common Pleas, General Division, from presiding over a death-penalty case on remand from the United States Court of Appeals for the Sixth Circuit. Background “Judges are elected to preside fairly and impartially over a variety of legal disputes, including those involving public officials. ” (In re Disqual. The Code of Civil Procedure 170. While the terms disqualification and recusal […] Back to searchMember Area If you have a case in superior court, and you believe you cannot get a fair and impartial hearing or trial from the judge, commissioner, or referee assigned to your case, California Code of Civil Procedure (CCP) § 170. A party in a case in any trial court other than a statutory probate court or justice court may seek to recuse or disqualify a judge who is sitting in the case by filing a motion with the clerk of the court in which the case is pending. Recusal is the “removal of oneself as judge or policymaker in a particular matter, especially because of a conflict of interest. Jan 27, 2025 · Learn the process and considerations for requesting the removal of a judge from your case due to bias, conflicts, or other valid concerns. A judge may disqualify himself or herself, or a party may formally move for disqualification. These three grounds for disqualification set out in CCP § 170. 3(b)(2) MAY NOT BE WAIVED: - the judge is a material witness concerning the matter in controversy; - the judge served as an attorney in the matter in controversy; Rule 25. 21. § 144 (except in the rare case of an appellate judge who previously served as a judge for the same case at the trial level, governed by 28 U. DISQUALIFICATION OF JUDGE (a) Disqualification. (1) No judge of a superior court of the state of Washington shall sit to hear or try any action or proceeding if that judge has been disqualified pursuant to RCW 4. The timing for filing the disqualification differs for each. — Every judge of this state who appears of record as a party to any cause before him or her shall be disqualified to act therein, and shall forthwith enter an order declaring himself or herself to be disqualified in said cause. 01 Disqualification when judge party; effect of attempted judicial acts. 1:12-1. Actions against nonresident motorist: RCW 46. 1. 1. Mar 29, 2025 · Learn when judges must recuse themselves under 28 USC 455, the factors requiring disqualification, and the process for addressing potential conflicts. Jun 4, 2025 · (a) Motion; Form and Contents. Disqualification for cause. The danger that a judge may be prejudiced against a particular party for whatever reason has caused the legislature of California to allow each party a right to challenge a judge assigned to a case for any or no reason…a peremptory challenge similar to those granted to parties when selecting a jury. , allows a party to seek disqualification of the assigned trial judge where the party feels he will not receive a fair trial or hearing because of a specifically described prejudice or bias of the judge. 6 CCP is the California law by which a judge can be disqualified from a case if they are prejudiced against you or your attorney. of Koch (2006) 113 Ohio St. 10 Disqualification of judge for prejudice; application; affidavits; etc. REQUEST FOR REFERRAL TO SCAO All of the judges of this court have disqualified themselves and have signed this order, indicating their reason for disqualification pursuant to MCR 2. Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. Jul 14, 2025 · Key Concepts The judge overseeing a criminal trial is required to be completely impartial. In such case Key Takeaways Submitting an affidavit to disqualify or recuse a judge requires careful consideration of judicial disqualification cases, a well-drafted document specifying the grounds of recusal, and readiness for any possible outcomes including a change of judge or judicial review of the affidavit. Ct. Prac. [1] Civil law countries still have significant disqualification privileges, whereas common law countries, such as England, went in a different direction where recusal was required less often. Grounds for Disqualification and Recusal of Judges TEXT (1) Disqualification Judges shall disqualify themselves in all proceedings in which: (a) they have served as a lawyer in the matter in controversy, or a lawyer with whom they previously practiced law served during such association as a lawyer concerning the matter; or (b) they know that, individually or as a fiduciary, they have We would like to show you a description here but the site won’t allow us. A judge is disqualified when the judge cannot impartially hear a case, including but not limited to instances in which (1) The judge is personally biased or prejudiced for or against a party or attorney. A judge of a court of record shall be disqualified to hear or try a case if, He is related to the… We would like to show you a description here but the site won’t allow us. and JUDGE WAIVER OF DISQUALIFICATION Court address Plaintiff’s name, address, and telephone no. L. Dec 19, 2024 · The decision by the Georgia Court of Appeals to scrap Fulton County DA Fani Willis from the state’s felony case against Donald Trump came with a strong rebuke from one of the court's three judges. ” Rule 2. Staff Memorandum 2025-04 Automatic Disqualifications of a Judge and Related Matters At its May 2025 meeting, the Committee on Revision of the Penal Code will consider the power given to prosecutors and defense attorneys to automatically disqualify judges using Code of Civil Procedure § 170. Jul 31, 2017 · Indiana Code of Judicial Conduct — Canon 2: A Judge Shall Perform the Duties of Judicial Office Impartially, Competently, and Diligently Rule 2. Can I disqualify a judge from my case? Generally speaking, a judge can be disqualified from a case for 2 reasons. Disqualification of Judge (a) Disqualification of Judge Without Cause. ” 11 The statute was expanded in 1821 to require disqual - ification when relatives of the judge appeared as In the cases specified in subsections (3) and (4) of this section, the disqualification may be waived by the parties, and except in the supreme court and the court of appeals shall be deemed to be waived unless an application for a change of the place of trial be made as provided by law. 6 CCP is the California law that says a judge can be disqualified from presiding over a civil lawsuit or criminal trial if the judge seems to be prejudiced against one of the parties or attorneys. 3d 1277, 1278 [denying an affidavit of disqualification in a case involving members of a county board of elections. (a) No person shall sit as a judge in any case in which: (1) The judge's relative by affinity or consanguinity within the third degree is counsel, or interested either as a plaintiff or defendant, or in the issue of which the judge has, either directly or through such relative, a more Judicial Disqualification in Michigan was created from a presentation authored by the Honorable Thomas K. 003. Typically, this motion must be filed within 7 days after service of a Disqualification of justice, judge, or magistrate judge - 28 U. Judicial Disqualification Checklist1 The following checklist assumes a trial court judge has been asked by a party to recuse himself or herself, and is based on MCR 2. These opinions have been issued pursuant to Delaware Court on the Judiciary Rule 18 and to the rules of the Delaware Judicial Ethics Advisory Committee. This Overview uses the term disqualification since that is the term used in the federal statutes. 330 applies only to judges sitting as the sole judicial officer in a trial or appellate proceeding—that is, it may not be used to seek disqualification of justices, appellate-level judges, or county and circuit judges on a multi-judge appellate panel. 9 170. ” THE TEXAS CODE OF JUDICIAL CONDUCT Cannon 3 of the Texas Code of Judicial Conduct charges: “A Judge shall hear and decide matters assigned to the Judge except those in which disqualification is required or recusal is appropriate. 6. The Judge shall rule upon the motion. " RCW 4. Plaintiff’s attorney, bar no. Any justice, judge, or magistrate, of the United States shall disqualify himself/herself in any proceeding in which his/her impartiality might reasonably be questioned. R. 6) RULE 1:12. 93–512 substituted "Disqualification of justice, judge, magistrate, or referee in bankruptcy" for "Interest of justice or judge" in section catchline, reorganized structure of provisions, and expanded applicability to include magistrates and referees in bankruptcy and grounds for which disqualification may be based, and (1) Any party to or any attorney appearing in any cause, matter or proceeding in a circuit court may establish the belief described in ORS 14. A judge is disqualified when he cannot hear a case impartially. In any criminal action in Jun 4, 2025 · Depending on the circumstances, judges are subject to punishment for not recusing themselves. Read this article to learn more about a judge recusal. Byerley, Chief Judge of the 56th Circuit Court; Paul J. § 47). 01. [1] This included the United States, which No judge of the circuit court shall sit on the determination of any case in which he or she is interested in the outcome, is related to any party within the third degree of consanguinity or affinity, has been of counsel in the case or presided over it in any inferior court, or is otherwise disqualified under the Arkansas Code of Judicial Conduct, unless the parties waive the disqualification so that I believe a fair and impartial trial of said action cannot be had before said Judge. Code Section 455 (2021) 10 9 v. (2) Any judge shall disqualify himself or herself from any civil or criminal action or proceeding when one of the following situations occurs: (a) When a judge is related to any party or counsel thereto or their spouses within 1974 - Pub. 2701. 3d 1220, 1221 citing In re Disqualification of Villanueva (1995) 74 Ohio St. Either party may move that the judge recuse him- or herself on the grounds of prejudice or conflict. A judge of a court of record shall be disqualified to hear or try a case if, He is related to the… Idaho Criminal Rule 25. Mar 18, 2015 · “[General Statutes of Connecticut] Section 51-39 disqualifies a judge both for relationship and for interest. (1) Any party to or any attorney appearing in any action or proceeding in a superior court may disqualify a judge from hearing the matter, subject to these limitations: (a) Notice of disqualification must be filed and called to the attention of the judge before the judge has made any discretionary ruling in the case. This legislation codified the com- mon law by calling for disqualification of a district judge who was “concerned in interest” but added that a judge could also be disqualified if the judge “has been of counsel for either party. The motion will be heard by the judge whose disqualification is at issue. Judicial disqualification laws existed in Roman law and early Jewish law, which disqualified judges from serving on cases of family, friends or enemies. One tool available to ensure this is the Federal Motion to Disqualify Judges. No judge or justice of the peace shall sit in any case where he may be the party injured, or where he has been of counsel for the State or the accused, or where the accused or the party injured may be connected with him by consanguinity or affinity within the third degree, as determined under Chapter 573, Government Code. In all criminal actions, except actions before drug courts or mental health courts, the parties shall each have the right to one disqualification without cause of the judge or magistrate, except as herein provided, under the following conditions and procedures: (1) Motion to disqualify. KENNEDY, C. " [Emphasis added]. 6 May 26, 2025 · No judge of a circuit court shall sit to hear or try any suit, action, matter or proceeding when it is established, as provided in ORS 14. If the witness Even though certain bases of asserted disqualification may be generally held not to mandate disqualification, disqualification is so thoroughly committed to the exercise of sound judicial discretion that the judge hearing the motion may determine that the appearance of justice requires him to step aside. Mar 8, 2015 · Sec. Cause for Disqualification; On the Court's Motion The judge of any court shall be disqualified on the court's own motion and shall not sit in any matter, if the judge Jul 10, 2014 · The affidavit of disqualification shall be filed and decided in accordance with divisions (B) to (E) of section 2701. Disqualification of judges. The judge may enter an order of disqualification. 4, unless his or her disqualification is waived by the parties as Court of Appeals judge being sued and attorney for judge or opponent appears in unrelated matter Mar 15, 2023 · 3 Page 1 Court of Appeal: Judge’s Declaration Was Enough to Defeat Disqualification Presiding Justice Rubin Says Judge Bowick’s Denial of Allegation That Judge Byrdsong Entered Her Chambers Was Sufficient Basis for Rejecting Allegation That Her Ruling Was Influenced by Conversation Concerning Case By a MetNews Staff Writer The Court of Appeal for this district yesterday denied a petition Rule 2. The designated Visiting Judge Clerk shall submit a copy of this order, ALONG WITH THE REQUEST FOR ASSIGNMENT, Form L-0292 Optional Form Revised May 1, 2023 DECLARATION IN SUPPORT OF MOTION RE DISQUALIFICATION OF JUDICIAL OFFICER PURSUANT TO C. 270 (Time of making motion for change of judge in certain circumstances), that any party or attorney believes that such party or attorney cannot have a fair and impartial trial or hearing before such judge. C. Trial Rule 76, and (2) disqualification or recusal under T. The filing requirements and relevant procedures are set forth in R. Understanding Federal Motions to Disqualify Judges In the complex world of criminal law, maintaining fairness and impartiality is crucial. (c) In the event of disqualification or recusal of a Judge as provided in paragraph (a) or (b) of this section, the Chief Administrative Hearing Officer or the Attorney General shall refer the matter to another Judge for further proceedings. Disqualification of Judge, Transfer to Another Department, Visiting Judge—Change of Venue Generally, Criminal Cases. If, following the disclosure, the parties and lawyers agree, without participation by the judge or court personnel, that the judge should not be disqualified, the judge may participate in the proceeding. Judges can disqualify themselves sua sponte under 28 U. The disqualification procedure is governed by federal statute, under 28 U. ]) General research guide includes information and resources on recusal and disqualification of judge or counsel. 93–512 substituted "Disqualification of justice, judge, magistrate, or referee in bankruptcy" for "Interest of justice or judge" in section catchline, reorganized structure of provisions, and expanded applicability to include magistrates and referees in bankruptcy and grounds for which disqualification may be based, and We would like to show you a description here but the site won’t allow us. §601-7 Disqualification of judge; relationship, pecuniary interest, previous judgment, bias or prejudice. DECLARATION IN SUPPORT OF MOTION RE DISQUALIFICATION OF JUDGE (C. Even though they may involve discretion, the following actions by a judge do not cause the loss of the right to file a notice of disqualification: Arranging the calendar, setting a date for a hearing or trial, ruling on an agreed continuance, issuing an arrest warrant, presiding over criminal One of the guiding principles of the American system of jurisprudence is the idea of an independent and neutral judiciary. Simply put, there are instances when the disqualification of a judge can be a matter of concern. (2) Any judge shall disqualify himself or herself from any civil or criminal action or proceeding when one of the following situations occurs: (a) When a judge is related to any party or counsel thereto or their spouses A judge disqualified pursuant to Canon 3C (excepting Canon 3 (C) (1) (a) or 3 (C) (1) (b)) may, instead of withdrawing from the proceeding, disclose on the record the basis for the judge’s disqualification. , Indio, California); assignment by master calendar judges; assignments to judges assigned to hear the case for all purposes; one-judge courts; and former judge assigned to conduct retrial after an appeal. ” Any defendant may disqualify one judge by filing a motion for disqualification without cause pursuant to Idaho Criminal Rule 25 (a). This legislation codified the com-mon law by calling for disqualification of a district judge who was “concerned in interest” but added that a judge could also be disqualified if the judge “has been of counsel for either party. DISQUALIFICATION FOR CAUSE This section is limited in its application to judges presiding in district courts, justice of the peace courts, municipal courts, small claims courts, and city courts. The motion: (1) must be verified; (2) must assert one or more of the WHEREFORE, Petitioner respectfully requests this honorable Court to recuse itself from any further proceedings in this case, as set forth above in the Petitioner’s Motion for Disqualification of Judge. If a new judge or magistrate is assigned to preside over the case, except under circumstances involving alternate judges as set forth in subsection (6) below, each party will have the right to file a motion for one disqualification without cause of the new judge or magistrate within the time limits set in subparagraph (2) above. CrRLJ 8. CCP 170. ” (a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. Please view our Linkage Policy for more information. 1974 - Pub. The moving party has the burden of establishing that grounds for disqualification actually exist May 3, 2012 · The documents on this page contain all advisory opinions issued by the Delaware Judicial Ethics Advisory Committee and by its predecessor, the Delaware Judicial Proprieties Committee. Ward filed his first affidavit of disqualification, the judge issued an entry in the underlying case. Aug 27, 2018 · A disqualification more often refers to the removal of a judge who has failed to recuse themselves in spite of a reasonable and factual basis that suggests they may not be impartial in their judgment of a particular case. May 19, 2025 · A judge could also be removed based on California's probate code or the state constitution. If a judge's attitude or state of mind leads a detached observer to conclude that a fair and impartial hearing is unlikely, the judge must be disqualified. II. But a judge is generally disqualified in any proceeding in which: (1) the judge has served as a lawyer in the matter in controversy, or a lawyer with whom the judge previously practiced law served during such association as a lawyer concerning the matter; (2) the judge knows that, individually Court of Appeals judge being sued and attorney for judge or opponent appears in unrelated matter CALIFORNIA CODE OF CIVIL PROCEDURE DISQUALIFICATIONS OF JUDGES FOR CAUSE CCP Section 170. Supreme Court held that "Disqualification is required if an objective observer would entertain reasonable questions about the judge's impartiality. Whenever a party to any proceeding in any court shall file an affidavit alleging facts showing personal bias or prejudice of the presiding judge, such judge MOTION TO DISQUALIFY- FLORIDA CRIMINAL CASE WORK | RECUSAL | HUSSEIN & WEBBER, PL The following is an Initial Motion to Disqualify, filed to obtain a recusal of Circuit Judge Suzanne Bass in a domestic injunction proceeding held in Duval County, Florida. The first is called “without cause,” the second is called “for cause. 9 :: Chapter 3. Disqualification (Judge or Prosecutor) Motion to Disqualify the ELECTED Prosecutor & the Entire Prosecutor’s Office A Motion to Disqualify the Elected Prosecutor is different than a motion to disqualify a deputy prosecutor. CAUSES WHICH DISQUALIFY. 6 gives you the right to disqualify him or her without having to show a reason. Jan 1, 2023 · (a) (1) A judge, court commissioner, or referee of a superior court of the State of California shall not try a civil or criminal action or special proceeding of any kind or character nor hear any matter therein that involves a contested issue of law or fact when it is established as provided in this section that the judge or court commissioner is prejudiced against a party or attorney or the In addition, Judge Giulitto denies requiring anyone to attend an in-person hearing that would possibly expose him or her to the Coronavirus. 38. Understanding this process is essential for Apr 7, 2025 · In this Article, we analyze the federal disqualification statute applicable to federal judges, magistrates, and Justices of the Supreme Court as compared to the disqualification provisions of the United States Supreme Court Code of Conduct and detail the ways in which the standards contained within the Code are contrary to law and history. While the terms disqualification and recusal […] If you have a case in superior court, and you believe you cannot get a fair and impartial hearing or trial from the judge, commissioner, or referee assigned to your case, California Code of Civil Procedure (CCP) § 170. Under the Florida Rules of Judicial Administration, a motion to disqualify a trial judge must be in writing and specifically allege the facts and reasons Mar 20, 2014 · Disqualification of trial judges in New Jersey sponsored by New Jersey litigation attorneys LoFaro & Reiser, LLP. R. NOTES: Rules of court: Venue — CR 82. 17 Moreover, because the governing Nov 19, 2024 · Disqualification for Cause applies only to judges presiding in district courts, justice of the peace courts, municipal courts, small claims courts, and city courts. Recusal and Disqualification of Judges (2011) TEXT (a) Motion; Form and Contents. {¶ 3} Ward’s affidavit to disqualify Judge Ruehlman from Jackson v. The motion: (1) must be verified; (2) must assert one or more of the grounds listed in Rule 18b; (3) must not be based solely on Disqualification and Disclosure Guide to The Decision-Making Process - Citations 1 2024 California Code Code of Civil Procedure - CCP PART 1 - OF COURTS OF JUSTICE TITLE 2 - JUDICIAL OFFICERS CHAPTER 3 - Disqualifications of Judges Section 170. In all felony and misdemeanor criminal actions, except actions before drug courts or mental health courts, the parties each have the right to one disqualification without cause of the judge, except as provided in this rule, under the following conditions and procedures: (1) Motion to Disqualify. The relevant Washington State law concerning disqualification of judges is, in part, as follows: "(1) No judge of a superior court of the state of Washington shall sit to hear or try any action or proceeding if that judge has been disqualified pursuant to RCW 4. A change of judge in a civil case can arise in two basic scenarios: (1) a motion for change of judge under Ind. § 455 or 28 U. Fischer, formerly of the Judicial Tenure Commission; and Deborah Green, former SCAO Region 1 Administrator. In Jan 1, 2023 · If the judge deciding the question of disqualification determines that the judge is disqualified, the judge hearing the question shall notify the presiding judge or the person having authority to appoint a replacement of the disqualified judge as provided in subdivision (a). bqnyoroq nlhqi klavw pzzlplx lzbmqk ibeydd ezqcya ihvlv sdxqsh idi lobyf urjs pblz uuxym lowkci