It is a serious mistake for the defendant's lawyer to contact the presiding judge privately before the trial. The other party can use this as an excuse to ask the presiding judge to recuse himself.
Recusal means that judicial personnel do not participate in the investigation, trial and other activities of a case because they have an interest or other relationship with the case. Judicial personnel shall not handle cases because of their special relationship with the case or the parties involved in the case. The purpose is to prevent favoritism or prejudice in order to facilitate the fair hearing of the case. Judges, prosecutors, investigators and other relevant personnel shall not participate in the trial, prosecution or investigation of cases in which they have an interest or other relationship.
Persons to whom the recusal system applies:
1. Judicial personnel, including the president, vice-president, members of the judicial committee, chief judge, deputy chief judge, judges, and assistants of the People's Court Judges and people's assessors;
2. Prosecutors, including the chief prosecutor, deputy chief prosecutor, members of the procuratorial committee, prosecutors, and assistant prosecutors of the People's Procuratorate;
3. Investigation Personnel refers to the case investigators of the public security organs and the People's Procuratorate who carry out special investigations and take relevant compulsory measures in accordance with the law during the handling of cases;
4. Relevant personnel and record-keeping personnel who participate in investigation, prosecution, and trial activities , clerks, translators, experts and judicial police.
Legal Basis
Article 44 of the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" If a judge has any of the following circumstances, the parties have the right to apply His avoidance:
(1) Accepting banquets from the parties to the case and their clients, or participating in activities for which they pay;
(2) Requesting or accepting money from the parties to the case and their clients property or other benefits;
(3) Violating regulations to meet with the parties or agents ad litem of the case;
(4) Recommending or introducing agents ad litem or introducing lawyers to the parties and other personnel to represent cases;
(5) Borrowing loans from parties to the case and their clients;
(6) Having other inappropriate behaviors that may affect a fair trial.