A disqualification more often refers to the removal of a judge who has failed to recuse themselves in spite of a reasonable and factual basis that suggests they may not be impartial in their judgment of a particular case.
Typically, a recusal is what takes place when a judge recognizes and then voluntarily chooses to remove themselves from presiding over a case because they are aware of a conflict of interest.
In cases where a judge whose impartiality is in question and reasonable grounds exist for them to recuse themselves from a case, their failure to do so may result in disciplinary action, including possible suspension or disbarment.
While there are some variations to this based on issues of timing, in general, this affidavit has to be filed not less than 20 days before the date set for the trial or hearing of the case, or not less than 3 days before the date that has been set for the hearing of any pretrial matter.
While in the majority of cases there is no conflicting factor that would render the presiding judge unsuitable for that case, there are unavoidably also an occasional and unintentional overlap of interests that if left unremedied, could result in a questionable outcome.
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