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Rules



These rules are not intended to reiterate all applicable laws. The word "counsel" throughout these rules also applies to pro se parties.

These rules are effective on January 1, 2017.


XX. DISQUALIFICATIONS AND RECUSALS

Rule 44. Disqualifications and Recusals.

(a) Motion Content.

Any motion to recuse or disqualify a judge in a particular case shall be filed in writing, and shall contain evidence and affidavits that fully assert the facts upon which the motion is founded. The motion must be filed within 20 days of docketing unless good cause is shown for failure to meet the time requirement.

(b) Affidavit Requirement.

The supporting 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 that demonstrate either bias or prejudice in favor of or against either party, or demonstrate a systematic pattern of prejudicial conduct. Affidavits containing conclusions and opinions are not legally sufficient to support the motion or to warrant further proceedings.

(c) Base for Determination.

The determination of the recusal motion shall be made upon the written record, and no hearing or oral argument will be permitted.

(d) Decision by Three Judges; Criteria.

A motion to disqualify or recuse a judge shall be decided by the remaining two judges on the Division and the presiding judge of the next Division. A judge may, however, voluntarily disqualify himself or herself before the matter is decided by the other judges. The criteria for disqualification are set forth in statutory law, case law, and the Code of Judicial Conduct.

(e) Process for Disagreement.

If the three judges designated to determine a motion to disqualify or recuse a judge do not agree on the decision, the matter shall be decided by a majority of the other judges on the Court not named in the motion to disqualify or recuse.

(f) Other.

Any motion for disqualification or recusal of multiple judges in which the above process will be unsuitable will be dealt with by the Court on a case-by-case basis.