Motion for Recusal / Disqualification of Judge

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01 ATTORNEY INFORMATION

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Fax

02 CASE INFORMATION

Case / File No. *

County *

Court Division

Case Type

Defendant / Respondent Name *

Moving Party

03 JUDGE SOUGHT TO BE RECUSED

Judge's Full Name *

Court Assignment

Matter(s) / Hearing(s) Assigned to This Judge *

04 GROUNDS FOR RECUSAL

Select all applicable grounds *

Financial interest — Judge has a financial interest in the subject matter of the controversy or in a party to the proceeding (Canon 3C(1)(c)) Personal bias or prejudice — Judge has a personal bias or prejudice concerning a party or a party's attorney (Canon 3C(1)(a)) Prior involvement — Judge served as a lawyer, witness, or had prior substantive involvement in the matter in controversy (Canon 3C(1)(b)) Improper ex parte contact — Judge has had ex parte communications regarding the merits of the matter outside the presence of all parties (Canon 3A(4)) Familial or personal relationship — Judge has a close familial or personal relationship with a party, attorney, or witness (Canon 3C(1)(d)) Appearance of partiality — Circumstances create a reasonable appearance of bias or partiality to an objective observer (Canon 3C(1))

05 FACTUAL BASIS FOR RECUSAL

Describe in detail the specific facts supporting each ground checked above *

Were any prior rulings affected by the alleged bias / conflict?

06 SUPPORTING AFFIDAVIT & REASSIGNMENT

Supporting affidavit

Who will execute the supporting affidavit?

Reassignment request

07 CERTIFICATE OF SERVICE

Served Upon *

Date of Service *

Method of Service

SELECTED COUNTY

— Select above —

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RECUSAL — KEY RULES

A judge should disqualify when impartiality might reasonably be questioned — the objective standard under Canon 3C(1)
G.S. 7A-376 incorporates the Canons of Judicial Conduct into law, making Canon 3C enforceable
The motion is addressed to the judge whose disqualification is sought — that judge decides initially
If recusal is denied, a writ of mandamus or supervisory order from the Court of Appeals may lie
File promptly — delay may be construed as waiver of the objection
Supporting affidavit strengthens the motion and may be required to establish facts outside the record
Financial conflicts require disqualification unless all parties consent after disclosure

AUTHORITY

Canon 3C(1)Disqualification required

Canon 3A(4)Ex parte communications

G.S. 7A-376Canons made enforceable

G.S. 15A-1223Disqualification (criminal)

State v. FieObjective impartiality standard

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