First-Middle: Last

c/o 1234 Your Address Street

1 City / Town, State Republic
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FIRST MIDDLE LAST, IN PRO PER
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4
IN THE SUPERIOR COURT FOR THE COUNTY OF COUNTY
5 STATE OF STATE, CRIMINAL DIVISION
6
7 STATE OF STATE )
) Case No.: Case Number
8 )
9 Plaintiff, ) Motion for Recusal.
)
1 vs. )
0 ) Date: Appearance Date
FIRST MIDDLE LAST ) Time: Appearance Time
1 )
1 )
Defendant, )
1 _________________________________ ) _______________________________
2
1
MOTION TO RECUSE
3 NOW COMES the above-named, First Middle Last, Petitioner herein, and moves
1 to recuse Judge JUDGE NAME from the above-entitled matter in this common law
4 court of record.
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5
1
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1 Respectfully submitted,
7
______FIRST MIDDLE LAST______
1 FIRST MIDDLE LAST, Defendant
8
1
9 By:__________________________________Dated:_________________________
(authorized representative)
Page 1
 2 MEMORANDUM OF POINTS AND AUTHORITIES
0
2 1) 28 USC § 455 states:
1 a) Any justice, judge, or magistrate judge of the United States shall
2 disqualify himself in any proceeding in which his impartiality might
2 reasonably be questioned.
2 b) He shall also disqualify himself in the following circumstances:
3 (1) Where he has a personal bias or prejudice concerning a party, or
2 personal knowledge of disputed evidentiary facts concerning the
4 proceeding;
2 (2) Where in private practice he served as lawyer in the matter in
5 controversy, or a lawyer with whom he previously practiced law
2 served during such association as a lawyer concerning the matter,
6 or the judge or such lawyer has been a material witness
2 concerning it;
7 (3) Where he has served in governmental employment and in such
2 capacity participated as counsel, adviser or material witness
8 concerning the proceeding or expressed an opinion concerning the
2 merits of the particular case in controversy;
9 (4) He knows that he, individually or as a fiduciary, or his spouse or
3 minor child residing in his household, has a financial interest in
0 the subject matter in controversy or in a party to the proceeding,
or any other interest that could be substantially affected by the
1 outcome of the proceeding;
(5) He or his spouse, or a person within the third degree of
2 relationship to either of them, or the spouse of such a person:
(i) Is a party to the proceeding, or an officer, director, or
3 trustee of a party;
(ii) Is acting as a lawyer in the proceeding;
4 (iii) Is known by the judge to have an interest that could be
substantially affected by the outcome of the proceeding;
5 (iv) Is to the judge’s knowledge likely to be a material witness
in the proceeding.
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7 2) The U.S. Supreme Court made the following ruling:
“The neutrality requirement helps to guarantee that life, liberty,
8 or property will not be taken on the basis of an erroneous or
distorted conception of the facts or the law." 
9 From Marshall v. Jerrico, Inc. (446 US 238, 242, 100 S. Ct.
1 1610, 64 L. Ed. 2d 182 (1980))
0
1 3) The U.S. Supreme Court also has ruled the following:

1 “State courts, like federal courts, have a constitutional obligation

1 to safeguard personal liberties and to uphold federal law.” 

2 From Stone v. Powell (428 US 465, 483 n. 35, 96 S. Ct.

1 3037, 49 L. Ed. 2d 1067 (1976))

3
4) This motion for recusal is also made pursuant to Canons 1, 2, and 3.6(B) of the
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Georgia Code of Judicial Conduct. (You must look these rules up and translate
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them to your state’s equivalent… THIS IS NOT HARD TO DO.)
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5) Also, the above is applicable to this court pursuant to Article VI of the United
1
States Constitution.
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1
6) The United States Constitution also guarantees an unbiased Judge who will
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always provide litigants with full protection of all of their natural, God-given,
1
unalienable rights. Therefore, Petitioner respectfully demands that the above-
8
mentioned Judge recuse himself / herself in light of this evidence detailing
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prior unethical and/or illegal conduct or conduct which gives Petitioner a solid
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pretext to believe the above-mentioned Judge cannot hear the above case in a
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fair and impartial manner.
0
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7) First Middle Last, a living and self-aware man / woman, is hereby moving the
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above-named Judge to recuse himself / herself on the basis of a lack of
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impartiality to this matter and, thereby, has created a conflict of interest in this
2
matter. The above-mentioned Judge has deliberately violated other litigants’
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personal liberties in the past and/or has wantonly refused to provide due
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2 process and equal protection to all litigants before the court or has behaved in a
4 manner inconsistent with that which is needed for full, fair, and impartial
2 hearings.
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2 8) See attached Exhibit 1 for evidence substantiating this Motion made by
6 Petitioner. (OPTIONAL – Only include this if you have substantial
2 documentation to further support your motion. Remove this line otherwise.)
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2
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2
Respectfully submitted,
9
3 ______FIRST MIDDLE LAST______ Dated:___________________________
FIRST MIDDLE LAST, Defendant
0
In Pro Per,
3
By:
1
3
____________________________________
2
(authorized representative) / Petitioner
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3

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