A judge can be removed from a case under several circumstances.
They may be disqualified if they cannot impartially hear a case, which includes situations where the judge is personally biased or prejudiced for or against a party or attorney, has personal knowledge of disputed evidentiary facts, has been consulted or employed as an attorney in the matter in controversy, or has an economic interest in the subject matter in controversy or in a party to the proceeding.
Additionally, a judge must disqualify themselves if they or their relatives are parties to the proceeding, are acting as lawyers in the proceeding, or are likely to be material witnesses in the proceeding.
The appearance of impropriety can also be grounds for disqualification if it is so strong that it rises to the level of a due process violation.
Furthermore, the Judicial Tenure Commission may remove a judge for misconduct in office, conduct that is clearly prejudicial to the administration of justice, conviction of a felony, physical or mental disability preventing the performance of judicial duties, persistent failure to perform duties, or habitual intemperance False testimony or evidence provided by a judge in Judicial Tenure Commission proceedings is also a significant grounds for removal.
Please feel free to contact us if you have any questions about this or any other important legal issues.
Call us at 248-860-6025
