Recusation of Judges

Question 0

when may a judge recuse?

Answer 0

when he has been associated with an attorney during employment in cause; attorney in a case represents judge at time of hearing; has performed judicial act in case in another court; or related to a party or spouse of party within fourth degree; attorney employed in cause or spouse of attorney, within second degree; or if judges spouse parent child or family member living in household has substantial economic interest that would prevent him from being fair

Question 1

when must a judge recuse himself?

Answer 1

when he:

1. is a witness
2. employed or consulted as an attorney in the cause, associated with attorney during attorneys employment in the cause; participated in representation in cause
3. spouse of party, or attorney; or parent child or immediate family member is party or attorney
4. biased, prejudiced, interest in cause or outcome to be unable to be fair and impartial

Question 2

which of the following is NOT a mandatory ground for recusal of a judge from a particular case

a. judges parent child or family is party or attorney employed in cause
b. at time of hearing of any contested issue the judge has continued to employ, or represent, attorney handling case
c. judge is witness in cause
d. judge is biased or prejudiced toward or against parties

Answer 2

b. at time of hearing of any contested issue the judge has continued to employ, or represent, attorney handling case