Criminal Trials, Hearings Recusal of judge

[Abusedcitizen]

I need to know the process to recuse a judge from a criminal case who is total biased

 

[KatDini]

Your attorney would know if it is possible to get the judge recused or not. Probably not, though.

 

[army judge]

I need to know the process to recuse a judge from a criminal case who is total biased

Let's start with a LEGAL definition of "recuse" or "recusal".

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

YOU can't recuse a judge on mere suspicion alone.

Mississippi courts have repeatedly emphasized that courts in the state presume that a judge is qualified and unbiased.

A Mississippi judge is required to disqualify himself or herself if a reasonable person, knowing all the circumstances, would harbor doubts about his or her impartiality.

Furthermore, while Mississippi's Supreme Court had, at one time, held that Mississippi appellate courts should review a lower court judge's decision on disqualification in accordance with a "beyond a reasonable doubt" standard of proof, is now well-settled that recusal is required whenever the evidence produces a reasonable doubt as to a judge's ability to be impartial.

I suggest you discuss this matter with a Mississippi licensed attorney, YOUR attorney.

A person acting "pro se" is not equipped to litigate the recusal of the sitting jurist.

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/