Disqualification of Judge

Question 1

Grounds for disqualification

Answer 1

Any party may move to disqualify the judge assigned to the action on any grounds. Among the available grounds are:

1. the party fears that she will not receive a fair trial because of specifically described prejudice or bias of the judge;
2. the judge, the judge’s spouse, or someone related to the judge (within the third degree) has an interest in, or is a party to, the proceeding;
3. the judge is a material witness in the case; or
4. the judge’s spouse or a person within the third degree of relationship to the judge participated as a lower court judge in a decision to be reviewed by the judge

The judge has authority to enter an order of disqualification on the judge’s own initiative

Question 2

Motion requirements

Answer 2

A motion to disqualify a judge must be in writing and verified by the moving party.

• the attorney for the moving party must also separately certify that the motion is made in good faith and the motion must allege specifically the facts and reasons upon which the moving party relies as the grounds for disqualification.
• the motion also must include the dates of all previously granted motions to disqualify

Question 3

Timing and filing requirements

Answer 3

The motion must be filed within 10 days after discovering the grounds for the motion, and must be presented to the court for an immediate ruling.

• in addition to filing with the clerk, the movant must immediately send a copy of the motion to the subject judge

Question 4

Motion during hearing or trial

Answer 4

Any motion made during a hearing of trial must be based on facts discovered during the hearing or trial. It may be stated on the record, provided that it is also promptly reduced to writing and filed

Question 5

Judge determines sufficiency

Answer 5

The judge against whom the motion is directed determines ONLY the legal sufficiency; if the motion is legally sufficient, the judge must immediately disqualify herself

Question 6

Subsequent motions and reconsiderations

Answer 6

If the same party moves to disqualify a successor judge, the successor judge may be disqualified only if he rules that he is in fact not fair or impartial in the case