C. Disqualification

Question 1

When must Judge disqualify himself in proceeding re impartiality?*

Answer 1

Judge’s impartiality may be reasonably questioned!!!

• Judge must disclose info reasonably believed parties might consider relevant to question of disqualification!!!
• UNLESS emergency situation (Rule of Necessity) => Judge may hear matter!!!

Question 2

When must Judge disqualify himself in proceeding re bias/personal knowledge?*

Answer 2

Reasonable ground to believe Judge has;

• Personal bias re Party/Lawyer!!!
• Personal knowledge re relevant evidentiary facts!!!

Question 3

When must Judge disqualify himself in proceeding re prior involvements?*

Answer 3

Judge served as lawyer/material witness in previous matter!!!

Judge associated with law firm who participated substantially in previous matter!!!

Judge acted as Judge in previous matter in another court!!!

Judge acted personally + substantially as Government Lawyer/Public Official in previous matter!!!

Question 4

When must Judge disqualify himself in proceeding re economic interests?*

Answer 4

1) Judge/Spouse/Partner/Parent/Child/Relative in Judge’s household has economic interest!!!

2) Judge knows he has economic interest in matter/Parties!!!
- UNLESS ‘de minimis’ interest!!!
- UNLESS ownership of mutual fund interest!!!
- UNLESS securities held by organisation + Judge is member!!!
- UNLESS mutual funds!!!
- UNLESS bank deposits!!!
- UNLESS mutual insurance policies!!!

Question 5

When must Judge disqualify himself in proceeding re case involvement?*

Answer 5

1) Other party in case involves!!!;
- Spouse
- Former partner
- Cousin
- Cousin’s spouse
- In-law Relative

2) Involved in case either as!!!;
- Party
- Lawyer
- Material W
- Interested TP

Question 6

When must Judge disqualify himself in proceeding subject to public election?*

Answer 6

1) Judge knows/learns Party (lawyer/law firm) made contributions to Judge’s election campaign!!!
2) Exceeding specified amount!!!
3) Within certain no. years!!!

Question 7

Which ground may Party/Lawyer NOT waive for Judge’s disqualification?*

Answer 7

Personal bias!!!

Question 8

When must Judge disqualify himself in proceeding due to making public statement?*

Answer 8

Public statement commits/appears to commit Judge to particular result/position!!!