The affidavit is where most Georgia recusal motions fail, and the rule that governs it is unusually demanding about detail.
What the Rule Requires
Uniform Superior Court Rule 25.2 provides that the affidavit “shall clearly state the facts and reasons for the belief that bias or prejudice exists, being definite and specific as to time, place, persons and circumstances of extra-judicial conduct or statements.”
It then closes the door on the shortcut: “[a]llegations consisting of bare conclusions and opinions shall not be legally sufficient to support the motion or warrant further proceedings.”
So writing that the judge “is biased” or “cannot be fair” accomplishes nothing. You have to say what happened, when, where, and who was there.
It Has to Be Your Own Sworn Account
In Lacy v. Lacy, 320 Ga. App. 739 (2013), a father moved to recuse every superior court judge in his circuit. He filed no affidavit of his own, attaching instead one another person had filed in the case, which said only that the affiant had known the mother her whole life and thought well of her character.
The Court of Appeals affirmed the denial. That affidavit “offered no reason to believe that all of the Ocmulgee Circuit judges harbored bias or prejudice in this case,” and so did not meet Rule 25.2.
It Has to Be a Real Affidavit
In Dodson v. Dean, 256 Ga. App. 4 (2002), a divorce case, the parties attached a document labeled an affidavit that had never been notarized. The Court of Appeals held that “the lack of an attestation rendered the affidavit legally insufficient.”
A complete affidavit takes three things: a written oath stating the facts, the affiant’s signature, and attestation by an officer authorized to administer the oath. Missing any one of them, the motion can be denied without a hearing.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!