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Rule 17-5 Findings and Ruling

Article 17. Recusal and Disqualification

The Judge or Supreme Court justice assigned to hear the motion to recuse or disqualify may consider the motion solely based upon the affidavit in support or may convene a hearing to consider additional evidence. After consideration of the evidence, the Judge or Supreme Court justice assigned shall rule on the merits of the motion and shall make written findings and conclusions. If the motion is sustained, the selection of another Judge to hear the case shall follow the same procedure as established in BCR 17-4. Any determination of disqualification shall not be competent evidence in any other case or proceedings.