Which judicial canons should I cite in an affidavit asking for a judge’s recusal?
November 13, 2025
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That’s a very important question, because referencing the right judicial canons gives your affidavit a stronger legal and ethical foundation.
Most states follow a version of the ABA Model Code of Judicial Conduct. The canons you’d want to cite depend on your concerns — bias, improper behavior, and damage to respect for the court.
- Canon 1: A judge must uphold the integrity and independence of the judiciary.
- Canon 2: Avoiding impropriety and the appearance of impropriety.
- Rule 2.1: Promoting public confidence in fairness and independence.
- Rule 2.11(A): Disqualification required when impartiality might reasonably be questioned.
- Rule 2.11(A)(1): Recusal required if the judge has personal bias or prejudice.
- Rule 2.3(B): A judge must not show bias, prejudice, or harassment during judicial duties.
When including these canons:
- State you are requesting recusal.
- Describe the incidents that raise concerns.
- Connect each incident to a canon or rule.
- Provide examples, dates, quotes.
- Stay factual and respectful.
Citing the canons strengthens your affidavit, but success depends on concrete facts that would concern a reasonable person.
If there’s anything more you’d like to add, please let me know so I can give a more precise answer. I may be away at times but will respond as soon as I can.
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How do I write an affidavit for judge recusal?
I understand that writing an affidavit for a judge's recusal can be a challenging process. What specific reasons do you have for requesting the recusal?
Judiciary bias, unbecoming behavior of the judiciary, tainting the respect for the bench.
Have you already experienced a hearing or situation that led you to believe recusal is necessary?
Yes, twice.
Thank you for providing the necessary information. To assist you in drafting an affidavit for judge recusal, it is important to follow a structured approach. Below is a general guideline on how to draft such an affidavit:
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Title and Introduction: Begin with the title "Affidavit in Support of Motion for Recusal of Judge [Judge's Name]." Introduce yourself and state your relationship to the case, including the case number and court.
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Statement of Facts: Clearly and concisely outline the facts that you believe demonstrate bias or inappropriate behavior. Be specific about the dates, events, and statements that have led to your belief that the judge should be recused.
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Legal Basis for Recusal: Explain the legal grounds for recusal, typically demonstrating that the judge's impartiality might reasonably be questioned. Reference any applicable laws or judicial conduct codes.
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Supporting Evidence: Attach any relevant documents such as transcripts, emails, or witness statements.
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Conclusion: Conclude by respectfully requesting that the judge recuse themselves.
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Signature and Notarization: Sign the affidavit in front of a notary.
It is advisable to consult with a legal professional to ensure the affidavit complies with your jurisdiction’s rules.
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your judge recusal.
No.
Hello, and thank you for reaching out! I’m Jon, a licensed attorney with over 13 years of experience, here to help.
I understand legal matters can feel overwhelming, but you’re in good hands. My goal is to explain things clearly and guide you toward the best possible solution for your situation.
Just a quick note: our conversation is for general legal information only and does not create an attorney-client relationship.
Can you please tell me which state or country your case is in?
If you’re comfortable sharing more about your situation, I can offer advice tailored specifically to your needs. If not, no worries — I’m happy to provide a general overview based on what I know so far. Just let me know how you’d like to proceed.
What canons can I add to a judge recusal affidavit?
That’s a very important question, because referencing the right judicial canons gives your affidavit a stronger legal and ethical foundation.
Most states follow a version of the ABA Model Code of Judicial Conduct. The canons you’d want to cite depend on your concerns — bias, improper behavior, and damage to respect for the court.
- Canon 1: A judge must uphold the integrity and independence of the judiciary.
- Canon 2: Avoiding impropriety and the appearance of impropriety.
- Rule 2.1: Promoting public confidence in fairness and independence.
- Rule 2.11(A): Disqualification required when impartiality might reasonably be questioned.
- Rule 2.11(A)(1): Recusal required if the judge has personal bias or prejudice.
- Rule 2.3(B): A judge must not show bias, prejudice, or harassment during judicial duties.
When including these canons:
- State you are requesting recusal.
- Describe the incidents that raise concerns.
- Connect each incident to a canon or rule.
- Provide examples, dates, quotes.
- Stay factual and respectful.
Citing the canons strengthens your affidavit, but success depends on concrete facts that would concern a reasonable person.
If there’s anything more you’d like to add, please let me know so I can give a more precise answer. I may be away at times but will respond as soon as I can.
Does this answer your question, or is there more you’d like to share?
As I haven’t heard back, I’ll pause here, but feel free to return anytime. I hope the information was helpful. Wishing you a fantastic day ahead!
