Motion For Recusal Grounds

Summary

A motion for recusal can be filed if there is a belief of judicial bias, such as a judges public reprimand affecting impartiality. This can be submitted as an emergency motion if immediate attention is needed. In Massachusetts, the judge typically decides on the recusal motion, but it can be appealed if denied. Supplementing an existing appeal with related motions is possible, and pro se litigants can request to file informal briefs. Ensure all documents are served to opposing counsel and included in the supplement appendix for a comprehensive appellate review.

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Can uou polish this please?I do not feel safe having Judge Michaud ajudicate my case as I believe that he has shown me bias and prejudice and given that he was was “publicly reprimanded” by the state’s Supreme Judicial Court due to posts he made about political figures and events from his now-deleted Facebook account this establishes my lack of faith in his ajudication of my case . Wherby The Supreme Judicial Court stated “Public confidence in the judiciary is undermined when a judge’s social media activity casts reasonable doubt on the judge’s capacity to act impartially even if the judge is in fact impartial. The Judge has acknowledged that he erred by sharing these types of posts that undermine public confidence in the judiciary.”
Sure, here's a polished version for you:
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I do not feel safe having Judge Michaud adjudicate my case as I believe he has shown bias and prejudice. Given that he was “publicly reprimanded” by the state's Supreme Judicial Court due to posts he made about political figures and events from his now-deleted Facebook account, I lack faith in his adjudication of my case. The Supreme Judicial Court stated, “Public confidence in the judiciary is undermined when a judge’s social media activity casts reasonable doubt on the judge’s capacity to act impartially even if the judge is in fact impartial. The Judge has acknowledged that he erred by sharing these types of posts that undermine public confidence in the judiciary.”
Would you like any additional help or information?
Yes does this establish grounds for reusal? If so please write the motion including this.
Yes, the information you provided can be grounds for recusal. Here’s a polished motion including your specific concerns:
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[Your Name]
[Your Address]
[City, State, Zip Code]
[Phone Number]
[Email Address]
[Date]
[Court Name]
[Court Address]
[City, State, Zip Code]
Re: [Your Case Name/Number]
MOTION FOR RECUSAL
To the Honorable [Judge's Name] and the Court:
I, [Your Name], am a party in the above-referenced case and respectfully move this Court for the recusal of the Honorable Judge Michaud from presiding over this matter.
*. Grounds for Recusal:
- Bias or Prejudice: I believe that Judge Michaud has shown bias and prejudice against me, which undermines my right to a fair and impartial trial.
- Appearance of Impropriety: The judge's conduct, specifically his “public reprimand” by the state's Supreme Judicial Court due to posts he made about political figures and events from his now-deleted Facebook account, has createdan appearance of impropriety, raising doubts about his impartiality.
*. Specific Concerns:
- I do not feel safe having Judge Michaud adjudicate my case as I believe he has shown bias and prejudice.
- The Supreme Judicial Court stated, “Public confidence in the judiciary is undermined when a judge’s social media activity casts reasonable doubt on the judge’s capacity to act impartially even if the judge is in fact impartial.”
- Judge Michaud acknowledged his error in sharing posts that undermine public confidence in the judiciary.
*. Legal Basis:
- This motion is based on Massachusetts General Laws Chapter *, Section *, and applicable court rules.
*. Request for Relief:
- I respectfully request that the Honorable Judge Michaud recuse himself from this case and that a different judge be assigned to ensure a fair and impartial trial.
*. Conclusion:
- For the reasons stated above, I request that the Court grant this Motion for Recusal.
Respectfully submitted,
[Your Signature]
[Your Printed Name]
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Would you like any additional help or information?
Shoild i update to Verfied Emergency Motion for recusal?
You can update your motion to a Verified Emergency Motion for Recusal if you believe the situation requires immediate attention. Here are some steps for updating:
*. Title: Change to "Verified Emergency Motion for Recusal."
*. Add a verification section at the end, stating that the information provided is true to the best of your knowledge.
*. Specify why the matter is urgent and requires immediate action.
Would you like assistance with the exact wording for the verification section?
yes
Sure, here's how you can update your motion to a Verified Emergency Motion for Recusal:
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[Your Name]
[Your Address]
[City, State, Zip Code]
[Phone Number]
[Email Address]
[Date]
[Court Name]
[Court Address]
[City, State, Zip Code]
Re: [Your Case Name/Number]
VERIFIED EMERGENCY MOTION FOR RECUSAL
To the Honorable [Judge's Name] and the Court:
I, [Your Name], am a party in the above-referenced case and respectfully move this Court for the recusal of the Honorable Judge Michaud from presiding over this matter.
*. Grounds for Recusal:
- Bias or Prejudice: I believe that Judge Michaud has shown bias and prejudice against me, which undermines my right to a fair and impartial trial.
- Appearance of Impropriety: The judge's conduct, specifically his “public reprimand” by the state's Supreme Judicial Court due to posts he made about political figures and events from his now-deleted Facebook account, has createdan appearance of impropriety, raising doubts about his impartiality.
*. Specific Concerns:
- I do not feel safe having Judge Michaud adjudicate my case as I believe he has shown bias and prejudice.
- The Supreme Judicial Court stated, “Public confidence in the judiciary is undermined when a judge’s social media activity casts reasonable doubt on the judge’s capacity to act impartially even if the judge is in fact impartial.”
- Judge Michaud acknowledged his error in sharing posts that undermine public confidence in the judiciary.
*. Legal Basis:
- This motion is based on Massachusetts General Laws Chapter *, Section *, and applicable court rules.
*. Request for Relief:
- I respectfully request that the Honorable Judge Michaud recuse himself from this case and that a different judge be assigned to ensure a fair and impartial trial.
*. Urgency of the Matter:
- Due to the ongoing bias and the urgent need for a fair trial, I request that this matter be addressed immediately.
*. Conclusion:
- For the reasons stated above, I request that the Court grant this Verified Emergency Motion for Recusal.
VERIFICATION:
I, [Your Name], hereby declare under penalty of perjury
Please send me from Verification onward. Its an emergency becasue if my reuest for recusal is not seen immieiedietly I will be further damaged by his apparent bais and prejudice in my case. Should I state this?
Here's the verification section along with your urgency statement:
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VERIFICATION:
I, [Your Name], hereby declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.
Given the urgency of the matter, I believe that if my request for recusal is not addressed immediately, I will suffer further damage due to Judge Michaud's apparent bias and prejudice in my case.
Respectfully submitted,
[Your Signature]
[Your Printed Name]
---
Would you like any additional help or information?
/s/ Karen Merritt
It looks like you have a strong basis for a Verified Emergency Motion for Recusal. Here's the final section with the verification included:
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VERIFICATION:
I, [Your Name], hereby declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.
Given the urgency of the matter, I believe that if my request for recusal is not addressed immediately, I will suffer further damage due to Judge Michaud's apparent bias and prejudice in my case.
Respectfully submitted,
[Your Signature]
[Your Printed Name]
---
Would you like any additional help or information?
do I sign it like /s/?
Yes, you can sign it like /s/. Here’s how it would look in your document:
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VERIFICATION:
I, Karen Merritt, hereby declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.
Given the urgency of the matter, I believe that if my request for recusal is not addressed immediately, I will suffer further damage due to Judge Michaud's apparent bias and prejudice in my case.
Respectfully submitted,
/s/ Karen Merritt
Karen Merritt
---
Is there anything else you need help with?
Is my Reply to Opposition to Rule *(b) Motion for Fraud Upon the Court an a verfied Emergency motion too given that is of the same matter?
You can file the Reply to Opposition to Rule *(b) Motion for Fraud Upon the Court as a Verified Emergency Motion if you believe it is urgent and related. Here are some steps:
*. Title: Change to "Verified Emergency Reply to Opposition to Rule *(b) Motion for Fraud Upon the Court."
*. Add a verification section at the end, stating that the information is true to the best of your knowledge.
*. Specify why the matter is urgent.
Would you like assistance with the exact wording for the verification section?
yes
Sure, here's how you can update your Verified Emergency Reply to Opposition to Rule *(b) Motion for Fraud Upon the Court:
---
~[Your Name]
~[Your Address]
~[City, State, Zip Code]
~[Phone Number]
~[Email Address]
~[Date]
~[Court Name]
~[Court Address]
~[City, State, Zip Code]
~Re: [Your Case Name/Number]
~VERIFIED EMERGENCY REPLY TO OPPOSITION TO RULE *(b) MOTION FOR FRAUD UPON THE COURT
To the Honorable [Judge's Name] and the Court:
I, [Your Name], submit this Verified Emergency Reply to the Opposition to my Rule *(b) Motion for Fraud Upon the Court.
- Grounds for Emergency Relief:
- The issues raised in the Rule *(b) Motion are critical and time-sensitive, as they pertain to fraudulent actions that impact the integrity of the court proceedings.
- Delayed resolution will result in continued harm and prejudice against my case.
-Verification:
I, [Your Name], hereby declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Given the urgency of the matter, I request immediate attention to prevent further damage and prejudice in my case.
Respectfully submitted,
/s/ [Your Name]
[Your Name]
---
Would you like any further assistance with this?
yes please give me the exact wording for my verication section for the Veified Emergency...
Sure, here’s the exact wording for your verification section for the Verified Emergency Reply to Opposition to Rule *(b) Motion for Fraud Upon the Court:
---
VERIFICATION:
I, Karen Merritt, hereby declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.
Given the urgency of the matter, I believe that if my Verified Emergency Reply to Opposition to Rule *(b) Motion for Fraud Upon the Court is not addressed immediately, I will suffer further damage due to the ongoing issues in my case.
Respectfully submitted,
/s/ Karen Merritt
Karen Merritt
---
Would you like any additional help or information?
Dear Judge Michaud, I write in reply to the opposition filed by the opposing counsel to my Rule *(b) motion for fraud upon the court. I respectfully request the court to consider the following points:...So I do not need official introduction argument section>
Got it! Here's how you can format your Verified Emergency Reply to Opposition to Rule *(b) Motion for Fraud Upon the Court:
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VERIFIED EMERGENCY REPLY TO OPPOSITION TO RULE *(b) MOTION FOR FRAUD UPON THE COURT
Dear Judge Michaud,
I write in reply to the opposition filed by the opposing counsel to my Rule *(b) motion for fraud upon the court. I respectfully request the court to consider the following points:
* [Detail your points here]
VERIFICATION:
I, Karen Merritt, hereby declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.
Given the urgency of the matter, I believe that if my Verified Emergency Reply to Opposition to Rule *(b) Motion for Fraud Upon the Court is not addressed immediately, I will suffer further damage due to the ongoing issues in my case.
Respectfully submitted,
/s/ Karen Merritt
Karen Merritt
---
Would you like any additional help or information?
Is my motion for recusal filed jus as an emergency motion in efile system?
You should be able to file your motion for recusal as an emergency motion through the eFile system. Make sure to select the appropriate options indicating it's an emergency motion. If you have any doubts or need specific instructions, you might want to contact the court clerk for guidance on the eFiling process.
Would you like any further assistance?
or does the court have to see this or do I need to file it differently?
You should file your Verified Emergency Motion for Recusal through the e-filing system as an emergency motion. Ensure you correctly mark it as an "emergency" to alert the court to its urgent nature.
Would you like guidance on how to use the e-filing system?
ok
If you need more detailed guidance on using the e-filing system or any other assistance, feel free to ask. Good luck with your motions!
in efile there is not a category for an motion for emergency rather miscellaneous or amybe motion for injuctive relief, motion to vacte judgement? I dont want to wait until they open to ask the clerk as i can type emergency in another section but which motion would you state?
Since there's no specific category for an emergency motion in the e-filing system, you can select "Miscellaneous" for your Verified Emergency Motion for Recusal. In the description or notes section, make sure to clearly state that it is an "Emergency Motion for Recusal." This should alert the court to the urgency.
Would you like any more help with the e-filing process or any other part of your motion?
Thank you. If the judge dismisses my motion what happens to the motion for recusal?
If the judge dismisses your primary motion (e.g., Rule *(b) motion for fraud upon the court), your motion for recusal can still proceed independently. The recusal motion addresses the judge's ability to impartially oversee the case, which remains relevant regardless of other rulings.
Do you have any other questions about your case?
What path does that motion for recusal take? Must the judge give it to the court or an outside authourity?
In Massachusetts, when a motion for recusal is filed, the judge in question typically decides on the motion themselves. If the judge denies the motion, you can appeal the decision to a higher court.
Would you like more information on how to appeal if your motion is denied?
he is going to deny it of course because hes bias. I already have an appeal pending wherby I wish to include my motion rule * (b0 motion and Recusal. I dont believe that I file another appeal rather i must supplemant?
You can supplement your existing appeal with your Rule *(b) motion and Motion for Recusal. This way, you don't need to file a new appeal.
To supplement your appeal:
- File a "Motion to Supplement the Record" in your pending appeal.
- Attach your Rule *(b) motion and Motion for Recusal.
Would you like guidance on the specific wording for your "Motion to Supplement the Record"?
Yes
Here's a template for your "Motion to Supplement the Record":
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[Your Name]
[Your Address]
[City, State, Zip Code]
[Phone Number]
[Email Address]
[Date]
[Court Name]
[Court Address]
[City, State, Zip Code]
Re: [Your Case Name/Number]
MOTION TO SUPPLEMENT THE RECORD
To the Honorable [Judge's Name] and the Court:
I, Karen Merritt, respectfully move this Court to allow supplementation of the record in my pending appeal with the following documents:
*. Verified Emergency Reply to Opposition to Rule *(b) Motion for Fraud Upon the Court.
*. Verified Emergency Motion for Recusal.
Grounds for Supplementation:
- The above-mentioned documents are crucial for a comprehensive review of the issues presented in my appeal.
- These motions address significant concerns of fraud and judicial bias that directly impact the fairness and outcome of my case.
Request for Relief:
- I request that the Court grant this Motion toSupplement the Record to include the Verified Emergency Reply to Opposition to Rule *(b) Motion for Fraud Upon the Court and the Verified Emergency Motion for Recusal.
Respectfully submitted,
/s/ Karen Merritt
Karen Merritt
---
Would you like any additional help or information?
do i wait until after the judge denies it? do i incklude the Motion of the opposition and my reply motion too?
You should include the Motion of the Opposition and your Reply Motion in your "Motion to Supplement the Record." You do not need to wait until the judge denies your current motions to file the supplement. It’s important to ensure the appellate court has a complete understanding of your case.
Here’s the updated template:
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[Your Name]
[Your Address]
[City, State, Zip Code]
[Phone Number]
[Email Address]
[Date]
[Court Name]
[Court Address]
[City, State, Zip Code]
Re: [Your Case Name/Number]
MOTION TO SUPPLEMENT THE RECORD
To the Honorable [Judge's Name] and the Court:
I, Karen Merritt, respectfully move this Court to allow supplementation of the record in my pending appeal with the following documents:
*. Verified Emergency Reply to Opposition to Rule *(b) Motion for Fraud Upon the Court.
*. Verified Emergency Motion for Recusal.
*. Motion of the Opposition.
*. Reply to Motion of the Opposition.
Grounds for Supplementation:
- The above-mentioned documents are crucial for acomprehensive review of the issues presented in my appeal.
- These motions address significant concerns of fraud and judicial bias that directly impact the fairness and outcome of my case.
Request for Relief:
- I request that the Court grant this Motion to Supplement the Record to include the Verified Emergency Reply to Opposition to Rule *(b) Motion for Fraud Upon the Court, the Verified Emergency Motion for Recusal, the Motion of the Opposition, and my Reply to the Motion of the Opposition.
Respectfully submitted,
/s/ Karen Merritt
Karen Merritt
---
Would you like any additional help or information?
Do I attach the motions or thes will be included in my supplement appendix which i will be filing shortly?
You should include the motions and necessary documents in your supplement appendix when filing your "Motion to Supplement the Record." This ensures the appellate court has all the relevant materials for a comprehensive review.
Would you like assistance with organizing your supplement appendix?
So te Motion To supplement The Record is basically syaing that i will be including these motions into the Supplement Appendix which i will be filing?
Yes, the Motion to Supplement the Record essentially states that you will be including these motions into the Supplement Appendix which you will be filing. This ensures all relevant documents are part of the appellate record.
Would you like help with organizing your supplement appendix or any other part of your case?
I have beeb filing emergency motions - so now i will get back to creating the supplement appendix. meanwhile i will file the above motion.
Great! It sounds like you are on the right track. Make sure to accurately file your Verified Emergency Motion for Recusal and any other relevant documents. If you need specific guidance on organizing your supplement appendix or any other assistance, feel free to ask. Good luck with your case!
in my appeal brief can i ask the court to ask counselthat question that I made in the my motion reply to opposition?
Yes, you can include in your appeal brief a request for the appellate court to address certain questions to the opposing counsel that were raised in your motion reply to opposition. Just ensure that the questions are relevant and clearly articulated.
Would you like help with drafting that specific section of your appeal brief?
In addition should i ask the appeal court to confirm that I can file an Informal Brief as a pro se litigant in the above Motion to supplement . In addition I dont know the names of the full panel judges to address them as seen above.
You can ask the appellate court to confirm that you can file an Informal Brief as a pro se litigant in your Motion to Supplement. It's common for pro se litigants to request permission to file informal briefs due to their lack of formal legal training.
Regarding addressing the full panel of judges, you can use a general address if you don't know their names. Here's a template:
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[Your Name]
[Your Address]
[City, State, Zip Code]
[Phone Number]
[Email Address]
[Date]
[Court Name]
[Court Address]
[City, State, Zip Code]
Re: [Your Case Name/Number]
MOTION TO SUPPLEMENT THE RECORD
To the Honorable Judges of the [Court Name]:
I, Karen Merritt, respectfully move this Court to allow supplementation of the record in my pending appeal with the following documents:
*. Verified Emergency Reply to Opposition to Rule *(b) Motion for Fraud Upon the Court.
*. Verified Emergency Motion for Recusal.
*. Motion of the Opposition4. Reply to Motion of the Opposition.
Grounds for Supplementation:
- The above-mentioned documents are crucial for a comprehensive review of the issues presented in my appeal.
- These motions address significant concerns of fraud and judicial bias that directly impact the fairness and outcome of my case.
Request for Relief:
- I request that the Court grant this Motion to Supplement the Record to include the Verified Emergency Reply to Opposition to Rule *(b) Motion for Fraud Upon the Court, the Verified Emergency Motion for Recusal, the Motion of the Opposition, and my Reply to the Motion of the Opposition.
- Additionally, I ask the Court to confirm that I can file an Informal Brief as a pro se litigant.
Respectfully submitted,
/s/ Karen Merritt
Karen Merritt
---
Would you like any more help with your appeal or any other part of your case?
should i include the dates fir the first motion -novemebr *, * and * and * motions- novemebr *,. *
Yes, it's important to include the specific dates for the motions to ensure clarity and proper record-keeping. Here's an updated version including the dates:
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[Your Name]
[Your Address]
[City, State, Zip Code]
[Phone Number]
[Email Address]
[Date]
[Court Name]
[Court Address]
[City, State, Zip Code]
Re: [Your Case Name/Number]
MOTION TO SUPPLEMENT THE RECORD
To the Honorable Judges of the [Court Name]:
I, Karen Merritt, respectfully move this Court to allow supplementation of the record in my pending appeal with the following documents:
*. Verified Emergency Reply to Opposition to Rule *(b) Motion for Fraud Upon the Court (filed on November *, *).
*. Verified Emergency Motion for Recusal (filed on November *, *).
*. Motion of the Opposition (filed on [date]).
*. Reply to Motion of the Opposition (filed on [date]).
Grounds for Supplementation:
- The above-mentioned documents are crucial fora comprehensive review of the issues presented in my appeal.
- These motions address significant concerns of fraud and judicial bias that directly impact the fairness and outcome of my case.
Request for Relief:
- I request that the Court grant this Motion to Supplement the Record to include the Verified Emergency Reply to Opposition to Rule *(b) Motion for Fraud Upon the Court, the Verified Emergency Motion for Recusal, the Motion of the Opposition, and my Reply to the Motion of the Opposition.
- Additionally, I ask the Court to confirm that I can file an Informal Brief as a pro se litigant.
Respectfully submitted,
/s/ Karen Merritt
Karen Merritt
---
Would you like any additional help with your appeal or any other part of your case?
Also i serve this to opposing counse. right?
Yes, you should serve a copy of the Motion to Supplement the Record to the opposing counsel to ensure they are aware of all filings and proceedings. This is a standard procedure to maintain transparency and fairness in the legal process.
Would you like any additional help with the service process or any other part of your case?
Thank you. Please know that I appreciate you.
You're welcome! Happy to help. Good luck with your case! If you have any more questions in the future, feel free to reach out.