Compilation of Rules and Regulations of the State of Georgia
Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS
Chapter 616-1
Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE
Rule 616-1-2-.32 - Recusal

Universal Citation: GA Rules and Regs r 616-1-2-.32

Current through Rules and Regulations filed through March 20, 2024

(1) A Judge may be recused, or disqualified, from a case based on bias, prejudice, interest, or any other cause provided for in this Rule.

(2) A Judge shall be recused in any proceeding in which his or her impartiality might reasonably be questioned, including but not limited to instances in which

(a) the Judge has a personal bias or prejudice concerning a party or a party's lawyer, or has personal knowledge of disputed evidentiary facts relevant to the proceeding;

(b) the Judge served as a lawyer in the case;

(c) a lawyer with whom the Judge previously practiced law served as a lawyer in the case during such association;

(d) the Judge was a material witness in the case; or

(e) the Judge, the Judge's spouse, a person within the third degree of relationship to either of them, the spouse of such a person, or any other member of the Judge's family residing in the Judge's household
1. is a party to the proceeding;

2. is an officer, director, or trustee of a party;

3. is acting as a lawyer or as a party's representative in the proceeding;

4. is known by the Judge to have more than a trivial interest that could be substantially affected by the proceeding; or

5. is to the knowledge of the Judge likely to be a material witness in the proceeding.

(3) A Judge shall keep informed about his or her personal and fiduciary economic interests and make a reasonable effort to keep informed about the personal financial interests of the Judge's spouse and minor children residing in the Judge's household.

(4) A Judge who is recused by the terms of this Rule may disclose on the record the basis of disqualification and may ask the parties and their lawyers to consider, out of his or her presence, whether to waive disqualification. If following disclosure of any basis for disqualification other than personal bias or prejudice concerning a party, the parties agree that the Judge should not be disqualified, the Judge may preside over the proceeding. The parties' agreement to waive disqualification shall be incorporated into the hearing record.

(5) A party shall move for the disqualification of a Judge promptly upon discovering facts establishing grounds for disqualification.

(6) All motions for recusal shall be made in writing and shall be accompanied by an affidavit setting forth definite and specific allegations that demonstrate the facts upon which the motion for disqualification is based.

(7) A motion for recusal shall be referred to another Judge if the Judge originally assigned to the matter determines that the affidavit is legally sufficient and that, assuming all the allegations of the affidavit are true, recusal would be warranted.

(8) If the motion for recusal is referred to another Judge and the motion is determined to be meritorious, the Judge originally assigned to the matter shall be disqualified from presiding over the pending case.

O.C.G.A. § 50-13-40.

Disclaimer: These regulations may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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