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Chan Robles Virtual Law Library: Disqualification
Chan Robles Virtual Law Library: Disqualification
DISQUALIFICATION
RULE 3.12 - A judge should take no part in a proceeding where the judge's
impartiality might reasonably be questioned. These cases include among others,
proceedings where: chanroblesvirtuallawlibrary
(a) the judge has personal knowledge of disputed evidentiary facts concerning
the proceeding;
(b) the judge served as executor, administrator, guardian, trustee or lawyer
in the case or matter in controversy, or a former associate of the judge
served as counsel during their association, or the judge or lawyer was a
material witness therein;
(c) the judge's ruling in a lower court is the subject of review;
(d) the judge is related by consanguinity or affinity to a party litigant
within the sixth degree or to counsel within the fourth degree;
(e) the judge knows the judge's spouse or child has a financial interest, as
heir, legatee, creditor, fiduciary, or otherwise, in the subject matter in
controversy or in a party to the proceeding, or any other interest that could
be substantially affected by the outcome of the proceeding.
In every instance, the judge shall indicate the legal reason for inhibition. . cralaw
No need for competent evidence of identity if affiant is personally known by the notary public
Retirement from practice bars the administrative proceeding that was instituted after his tenure in office
1. Whether a lawyer is duty bound to fight for an issue or claim in behalf of one client and at the
same time to oppose that claim for the other client
2. Whether the acceptance of a new relation would prevent the full discharge of the lawyer’s duty
of undivided fidelity and loyalty to the client or invite suspicion of unfaithfulness or double-
dealing in the performance of that duty.
3. Whether the lawyer would be called upon in the new relation to use against a former client any
confidential information acquired through their connection or previous employment.