Rule 17-4 Procedure Upon Motion for Disqualification
Article 17. Recusal and Disqualification
Rule Text
The motion to recuse or disqualify shall be assigned for hearing to another Business Court Judge, if any, or a justice of the Supreme Court of Georgia, who shall be selected in the following manner:
(1) If the Business Court consists of only one Judge, then the motion shall be referred to the chief justice of the Supreme Court of Georgia, who in his or her discretion, shall either hear the motion or shall otherwise select another justice of the Supreme Court to hear the motion. If the motion is sustained, the chief justice shall order a sitting judge of the Court of Appeals of Georgia, a superior court, or a state court to sit by designation as a temporary judge of the Georgia State-wide Business Court, pursuant to OCGA § 15-5A-2 (f).
(2) If the Business Court consists of two Judges, the other Business Court Judge shall hear the motion unless he or she is also disqualified. If he or she is disqualified, then the assignment of the motion shall follow the procedures set forth in subsection (1) of this rule.
(3) If the Business Court consists of three or more Judges, selection shall be made by use of the Court's existing random, impartial case assignment method. If the Court does not have random, impartial case assignment rules, then assignment shall be determined by one of the following methods:
(A) The Chief Judge of the Business Court, if any, shall select a Business Court Judge to hear the motion, unless the Chief Judge is the one against whom the motion is filed.
(B) If the Court has no designated Chief Judge or the Chief Judge is the one against whom the motion is filed, the assignment shall be made by the Judge of the Business Court who is the next most senior by time of service, unless the Judge with the next most seniority is also a Judge against whom the motion is filed. The process contemplated in this paragraph shall continue until either the case is assigned to a Business Court Judge who is not disqualified or all Business Court Judges are disqualified from hearing the motion.
(C) If all Judges of the Business Court are disqualified from hearing the motion, the assignment of the motion shall follow the procedures set forth in subsection (1) of this rule.