Abusedcitizen
New Member
I need to know the process to recuse a judge from a criminal case who is total biased
Follow along with the video below to see how to install our site as a web app on your home screen.
Note: This feature may not be available in some browsers.
Welcome to our legal community! Click here or the create new topic button to ask a question and receive answers and comments from our friendly and helpful legal community.
Articles that answer frequent legal questions are in our Law Guide. Important legal news is reported in The Law JournalYou can find a lawyer near you in the Lawyer Directory. If you know that you need to hire an attorney, you can submit a case review from a lawyer.
I need to know the process to recuse a judge from a criminal case who is total biased
Generally, a judge must recuse himself if he has a personal bias or prejudice concerning a party to the lawsuit or has personal knowledge of the facts that are disputed in the proceeding. The Code of Judicial Conduct, a judicial ethics code drafted by the American Bar Association in 1972 and adopted by most states and the federal government, outlines situations in which a judge should disqualify himself from presiding over a matter. Canon 3C of the Judicial Code outlines these situations, including the judge's personal bias or prejudice toward a matter or its participants, personal knowledge of the facts that are disputed in a case, a professional or familial relationship with a party or an attorney, or a financial interest in the outcome of the matter.
Most interpretations of the code mandate a judge's disqualification or recusal if any of these factors are present.
http://legal-dictionary.thefreedictionary.com/Recuse
Pursuant to Article 6, §165 of the Mississippi Constitution of 1890, a judge is required to disqualify himself or herself whenever the parties are related to him or her by affinity or consanguinity, or where the judge is interested in the cause, unless both the judge and the parties consent to permit him to sit.
This constitutional provision has been construed together with §9-1-11, which basically tracks the constitutional provision in mandating disqualification for relationship, and also mandates disqualification where the judge has been "of counsel."
In Mississippi the Code of Judicial Conduct enjoys the status of law, such that Mississippi courts enforce it rigorously, notwithstanding the lack of litigant's specific demand; and, in recent years, Mississippi courts have often examined questions of judicial bias under §3(E) of the Code, which calls for disqualification whenever a judge's impartiality might reasonably be questioned. Indeed, Mississippi's Supreme Court recently held that the Code provides the standard for disqualification of Mississippi judges.
http://www.judicialrecusal.com/mississippi/