(D). A voluntary recusal shall not be construed as either an admission or a denial to

any allegations that have been set out in the motion and shall not be competent evidence in any other case or proceeding. (D) Hearing motion to recuse. The Chief Superior Court Judge from the same circuit shall hear the motion to determine whether the recusal is warranted. The Chief Superior Court Judge may assign any or all of such duties to a probate judge from another county, senior probate judge, sitting or retired judge or attorney admitted to the State Bar of Georgia, according to the requirements set forth in the Official Code of Georgia Annotated for the probate court of that county. When the motion to recuse is filed in an Article 6 Probate Court, the judge or attorney assigned to determine the motion or hear the case shall have been admitted to the practice of law for at least seven years. (E) Selection of a judge. If a recusal motion is sustained, the Chief Superior Court Judge of the same circuit as the recused judge or the judge appointed by the Chief Superior Court Judge shall also hear the trial of the case or appoint another judge or attorney to hear the case, according to the qualifications set forth in Rule 6.10 (D). In any hearing on a motion to recuse or disqualify a judge, the challenged judge shall neither select nor participate in the selection of the judge to hear the motion. If recused or disqualified, the recused or disqualified judge shall not select nor participate in the selection of the person assigned to hear further proceedings in the involved action. Any determination of disqualification shall not be competent evidence in any other case or proceeding. (F) Criteria. The following criteria shall be used to determine whether or not the recusal is necessary: 1. Actual bias or impartiality; 2. Judge’s personal knowledge of facts in dispute; 3. Judge’s relationship to party or counsel; 4. Impartiality that might reasonably be questioned (speeches by others shall not be considered that of the judge); 5. Economic interest in the proceedings by the judge or judge’s spouse, child, family, or household member. When determining impartiality with respect to campaign contributions the following may be considered: (a) Amount of the contribution or support; (b) Timing of support; (c) Actual contributor’s or support’s relationship to the parties; (d) Impact of support or contribution; (e) Nature of contributor’s prior political activities and prior relationship with the judge; (f) Nature of case pending and its importance or the parties or counsel; or 17 (g) Any other factors relevant to issue of campaign support that cause the judge’s impartiality to be questioned. 6. Public, non-courtroom, statements that commit or appear to commit the judge to a particular conclusion; and 7. Judge is previous party, employee, witness or party to a case. 6.11 Conflicts -- state and federal courts. (A) An attorney shall not be deemed to have a conflict unless: 1. The attorney is lead counsel in two or more of the actions affected; and 2. The attorney certifies that the matters cannot be adequately handled, and the client's interest adequately protected, by other counsel for the party in the action or by other attorneys in lead counsel's firm; certifies that in spite of compliance with this rule, the attorney has been unable to resolve these conflicts; and certifies in the notice a proposed resolution by list of such cases in the order of priority specified by this rule. (B) When an attorney is scheduled for a day certain by trial calendar, special setting or court order to appear in two or more courts (trial or appellate; state or federal), the attorney shall give prompt written notice as specified in (A) above of the conflict to opposing counsel, to the clerk of each court and to the judge before whom each action is set for hearing (or, to an appropriate judge if there has been no designation of a presiding judge). The written notice shall contain the attorney's proposed resolution of the appearance conflicts in accordance with the priorities established by this rule and shall set forth the order of cases to be tried with a listing of the date and data required by (B) 1.-4. as to each case arranged in the order in which the cases should prevail under this rule. In the absence of objection from opposing counsel or the courts affected, the proposed order of conflict resolution shall stand as offered. Should a judge wish to change the order of cases to be tried, such notice shall be given promptly after agreement is reached between the affected judges. Attorneys confronted by such conflicts are expected to give written notice such that it will be received at least seven (7) days prior to the date of conflict. Absent agreement, conflicts shall be promptly resolved by the judge or the clerk of each affected court in accordance with the following order of priorities: 1. Criminal (felony) actions shall prevail over civil actions. Criminal actions in which a demand for speedy trial has been timely filed pursuant to OCGA §§ 17-7-170 and/or 17-7-171 shall automatically take precedence over all other actions unless otherwise directed by the court in which the speedy trial demand is pending; 2. Jury trials shall prevail over non-jury matters, including trials and administrative proceedings; 3. Within the category of non-jury matters, the following will have priority: (a) parental terminations, (b) trials, (c) all other non-jury matters including appellate arguments, hearings and conferences; 4. Within each of the above categories only, the action which was first filed shall take precedence. (C) Conflict resolution shall not require the continuance of the other matter or matters not having priority. In the event any matter listed in the letter notice is disposed of prior to the scheduled time set for any other matter listed, or subsequent to the scheduled time set, but prior to the end of the calendar, the attorney shall immediately notify all affected parties, including the court affected, of the disposal and shall, absent good cause shown to the court, proceed with the 18 remaining case or cases in which the conflict was resolved by the disposal in the order of priorities as set forth heretofore.