Disqualification or Recusal

(A) A judge shall disqualify or recuse himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned, 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 the judge has personal knowledge of facts that are in dispute in the proceeding when the personal knowledge that would form the basis for disqualification has been gained outside the regular course of present or prior judicial proceedings. (2) The judge knows that the judge, individually or as a fiduciary, the judge’s spouse, domestic partner, a person within the third degree of relationship to either of them, or any other member of the judge’s family residing in the judge’s household Is a party to the proceeding, or an officer, director, (a) general partner, managing member, or trustee of a party; (b) Is acting as a lawyer in the proceeding; Is a person who has more than a de minimis interest (c) that could be substantially affected by the proceeding; or 16 (d) Is likely to be a material witness in the proceeding. (3) The judge, while a judge or a judicial candidate, has made a public statement, other than in a court proceeding, judicial decision, judicial opinion, or judicial administrative matter, that commits or appears to commit the judge to reach a particular result or rule in a particular way in the proceeding or controversy. (4) The judge (a) Served as a lawyer in the matter in controversy, or was associated with a lawyer who participated substantially as a lawyer in the matter during such association; (b) Served in government employment, and in such capacity participated personally and substantially as a lawyer or public official concerning the proceeding or has publicly expressed in such capacity an opinion concerning the merit of the particular matter in controversy; or (c) Was a material witness concerning the matter. A judge who disqualifies or recuses himself or herself in any proceeding need not state the grounds for disqualification or recusal. (B) 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. However, the obligation to keep reasonably informed about personal economic interests does not extend to knowledge of each stock or other security or property interest held within a mutual fund, retirement account, deferred compensation plan, or other similar investment account in which the decision to purchase or sell particular investments is made by an individual or entity other than the judge or the judge’s spouse or domestic partner. 17 (C) A judge subject to disqualification or recusal under this Rule, other than for bias or prejudice under section A of this Rule, may disclose on the record the basis of the judge’s disqualification or recusal and may ask the parties and their lawyers to consider, outside the presence of the judge and court personnel, whether to waive disqualification or recusal. If, following the disclosure, the parties and lawyers agree, without participation by the judge or court personnel, that the judge should not be disqualified or recused, the judge may participate in the proceeding. The agreement shall be incorporated into the record of the proceeding. (D) The filing of a complaint with the Committee on Judicial Responsibility and Disability by a party or attorney involved in litigation pending before the judge does not require the judge to disqualify or recuse himself or herself. (E) A judge may decline to disqualify or recuse himself or herself in any proceeding in which disqualification or recusal might otherwise be required under section A of this Rule if no other judge or court is available and disqualification or recusal will result in a failure of justice. In such a case, the judge shall disclose on the record the basis for disqualification or recusal and the reason why the judge is declining to disqualify or recuse himself or herself under this Rule, and the judge shall thereafter disqualify or recuse himself or herself if at any time it becomes possible to transfer the proceeding to another judge or court without a failure of justice.