Voluntary Recusal by a Judge

West Virginia Trial Court Rules

Rule: 17.02.

Jurisdiction: WV

Bluebook Citation: W.Va. Tr. Ct. R. 17.02.

(a) In the absence of a disqualification motion being filed, if a judge voluntarily recuses himself or herself from a case pursuant to Canon 2, Rule 2.11 of the Code of Judicial Conduct, the judge shall enter an order reflecting the recusal. The order shall be served on all counsel of record and unrepresented parties. In a multi-judge circuit, the case shall then be reassigned in accordance with the practice of the circuit. For a single judge of circuit court, the procedures of TCR 17.06 shall be followed. (b) If all judges in a multi-judge circuit are disqualified or recused, or the judge of a single family court circuit is disqualified or recused, the judge who is assigned to the case shall transmit a letter to the Chief Justice stating the reasons why the judge is disqualified and requesting the appointment of a special judge. The Chief Justice shall grant or refuse the request in accordance with the timeframe and procedures specified in TCR 17.01(c) or (d).

Chat with this court rule using AI

Ask CiteLaw's AI Navigator anything about this court rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.