Rule 17-3 Duty of Judge
Article 17. Recusal and Disqualification
Rule Text
(a) When a Judge is presented with a motion to recuse or disqualify accompanied by a supporting affidavit, the Judge shall: (1) temporarily cease to act upon the merits of the matter; (2) immediately determine the timeliness of the motion and the legal sufficiency of the affidavit; and (3) make a determination, assuming any of the facts alleged in the affidavit to be true, whether recusal would be warranted.
(b) If it is found that: (1) the motion to recuse or disqualify is timely; (2) the affidavit is sufficient; and (3) recusal would be authorized if some or all of the facts set forth in the affidavit are true, then the motion shall be handled in the manner prescribed in this rule and BCR 17-4.
(c) The allegations of the motion to recuse or disqualify shall stand denied automatically. The Judge shall not otherwise oppose the motion. In reviewing a motion to recuse, the Judge or justice (as provided in BCR 17-4) shall be guided by the Georgia Code of Judicial Conduct.