Case Number: _________________
MOTION TO RECUSE
Now comes the above named, ________________________ and moves to recuse Judge _______________________ from the above entitled matter under 28USCS Sec. 455, and Marshall v Jerrico Inc., 446 US 238, 242, 100 S.Ct. 1610, 64 L. Ed. 2d 182 (1980).
"The neutrality requirement helps to guarantee that life,liberty, or property will not be taken on the basis of an erroneousor distorted conception of the facts or the law."
The above is applicable to this court by application of ArticleVI of the United States Constitution and Stone v Powell, 428US 465, 483 n. 35,***** 3037, 49 L. Ed. 2d 1067 (1976).
"State courts, like federal courts, have a constitutionalobligation to safeguard personal liberties and to uphold federallaw."
Also see RI Supreme Court Article VI and Canons 1, 2, and3.B.6. [Replace with your local citations]
The above mentioned Judge has in the past deliberately violatedother litigant's personal liberties and/or has wantonly refused toprovide due process and equal protection to all litigants beforethe court or has behaved in a manner inconsistent with that whichis needed for full, fair, impartial hearings.
The United States Constitution guarantees an unbiased Judge whowill always provide litigants with full protection of ALL RIGHTS. Therefore, Petitioner respectfully ***** ***** judge recusethemselves in light of the evidence attached as Exhibit 1 detailing prior unethical and/or illegal conduct or conduct whichgives Petitioner good reason to believe the above Judge cannot hearthe above case in a fair and impartial manner.
[Attach Caught cases or other evidence dealingwith this judge as Exhibits.]