RESPONSIBILITY TO DECIDE

A judge shall hear and decide matters assigned to the judge, except when disqualification or recusal is required or permitted by Rule 2.11 or other law.* Code Comparison The Hawaiʻi Revised Code of Judicial Conduct modifies ABA Model Code Rule 2.7 by adding “recusal” consistent with Hawaii’s distinction between disqualification and recusal. To accommodate discretionary recusal allowed by Rule 2.11(d), the phrase “or permitted” is also added to the rule. COMMENT: [1]Judges must be available to decide the matters that come before the courts. Although there are times when disqualification or recusal is necessary to protect the rights of litigants and preserve public confidence in the independence, integrity, and impartiality of the judiciary, judges must be available to decide matters that come before the courts. Unwarranted disqualification or recusal may bring public disfavor to the court and to the judge personally. The dignity of the court, the judge’s respect for fulfillment of judicial duties, and a proper concern for the burdens that may be imposed upon the judge’s colleagues require that a judge not use disqualification or recusal to avoid cases that present difficult, controversial, or unpopular issues. [2] In addition to those situations where disqualification or recusal is required under Rule 2.11(a) or other law, this rule permits recusal as provided under Rule 2.11(d). (Amended June 17, 2014, effective July 1, 2014.)