Term
| A judge may recuse themselves on two types of grounds? |
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Definition
1. permissive
2. mandatory |
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Term
| What are mandatory grounds for recusal? |
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Definition
Judge is a
witness
bas been employed, consulted or associated with an attorney for the cause, particpated in representation
is the spouse, of an attorney employed in the cause, or the judge's parent, child or immediate fami,y member is a party or atty employed in the cause |
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Term
| What are permissive grounds for recusal? |
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Definition
associated with an atty in the atty's employment in the cause
an atty in a case represets the judge at the time of the hearins
he has performed a judicial act in the case in another court
judge is related to a party or spouse of a party by 4th degree
to atty or their spouse within 2nd degree
or if the judge's parent, child, or immediate family memeber has an economic interest in the subject mattter that would prevent them from being fair and impartial. |
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Term
| What are procedures available for a judge to recuse themselves? |
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Definition
1. Own motion or by motion of a party
2. Judge may recuse himself or refer the motion to be heard by another judge of the district
If judge is a witness, judge ad hoc will continue to hear the case |
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Term
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Definition
| Any act or omission tending to obstruct or interfere with the orderly administration of justice or impair the dignity of the court or respect for its authority |
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Term
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Definition
| in immediate view and presence of the court or failure to comply with a summons or subpeona |
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Term
| What is the penalty for direct contempt? |
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Definition
| 100$ and one day in fail immediately following verbal hearing |
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Term
| What is constructive contempt? |
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Definition
| Includes willful disobedience of a court order, deceit by a party or his attorney and improper interference with a juror or witness. |
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Term
| What is the penalty for constructive contempt? |
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Definition
Disobeying a TRO or injunction --> 1000$ and a year in jail, following 48 hours notice and hearing.
Court may imprison a person until he performs. |
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