Rule 3.10 Disqualification
Rule Text
(A) A judge shall disqualify himself or herself in any proceeding in which a reasonable person would question the judge's impartiality, including but not limited to the following circumstances:
(1) The judge has a personal bias or prejudice concerning a party or a party's lawyer, or personal knowledge of facts that are in dispute in the proceeding.
(2) The judge knows that the judge, the judge's spouse or domestic partner, or a person within the third degree of relationship to either of them, or the spouse or domestic partner of such a person is:
(a) a party to the proceeding, or an officer, director, general partner, managing member, or trustee of a party;
(b) acting as a lawyer in the proceeding;
(c) a person who has an interest that could be substantially affected by the proceeding; or
(d) likely to be a material witness in the proceeding.
(3) The judge knows that he or she, individually or as a fiduciary, or the judge's spouse or domestic partner, or a person within the third degree of relationship to either of them, or the spouse or domestic partner of such a person has an economic interest in the subject matter in controversy or is a party to the proceeding.
(4) The judge, while a judge or judicial candidate, has made a statement, other than in a court proceeding, judicial decision, or opinion, that commits or reasonably appears to commit the judge to reach a particular result or rule in a particular way in the proceeding.
(5) The judge:
(a) Served as a lawyer in the matter in controversy, or, unless paragraph (5)(b) applies, was associated with a lawyer who participated substantially as a lawyer in the matter during such association;
(b) Served in governmental employment and, in such capacity, participated personally either as a lawyer or as a supervising lawyer in the matter in controversy, or participated personally as a public official concerning the matter, or has publicly expressed in such capacity an opinion concerning the merits of the matter; or
(c) Was a material witness concerning the matter.
(B) The disqualification requirement under subsection (A) of this Rule does not apply if the rule of necessity applies.
(C) A judge shall keep informed about the judge's personal and fiduciary economic interests, and make a reasonable effort to keep informed about the personal economic interests of the judge's spouse or domestic partner and minor children residing in the judge's household.
(D) A judge subject to disqualification under this Rule, other than for bias or prejudice under paragraph (A)(1), may disclose on the record the basis of the judge's disqualification. If, following the disclosure and a reasonable opportunity to discuss the matter outside the presence of the judge, the parties and their lawyers agree that the judge should not be disqualified, the judge may participate in the proceeding. The agreement shall be incorporated into the record of the proceeding.