Recusal of a judge from a case

An application for recusal must rest on facts that cast doubt on the judge’s impartiality. A party’s bare assertion that the court is biased is insufficient. Nor is it a ground for recusal merely to invoke one of the circumstances listed in Article 22(1), points 1–6, of the Code of Civil Procedure if it does not in fact exist.

Either party may request recusal once a ground has arisen or become known.

A person may not sit as judge if they are a party to the case or, together with a party, are a participant in the legal relationship in dispute or a related one. For example, a judge may not hear a dispute over title to property if the judge is a party to a lease of that property.

A person may not sit as judge if they are the spouse of a party or of that party’s procedural representative, or are related to either in the direct line to any degree, in the collateral line up to the fourth degree, or by marriage up to the third degree.

Nor may a person sit as judge if they live as a couple with a party or the party’s representative. The same applies to anyone who has acted as a party’s representative or attorney-in-fact, participated in deciding the case at another level of jurisdiction, or served as a witness or expert in the same case, even at another instance.

Article 22(1), point 6, also excludes from hearing a civil case a judge in respect of whom other circumstances give rise to reasonable doubt as to impartiality.

Parties must not use recusal applications to delay proceedings, select a particular judge or court district, put pressure on the bench or achieve similar ends. The competent authorities must organise the proceedings so that the case is heard within a reasonable time, even if a party fails to observe proper procedural discipline or deliberately tries to obstruct the normal progress of the case.

In each case the party requesting recusal should identify what indicates prejudice or bias on the part of the judge assigned to report the case. Otherwise the application under Article 22(1) of the Code of Civil Procedure is likely to be dismissed.

This article is not a legal opinion or advice concerning a particular situation or person. The author makes no claim to cover judicial recusal exhaustively. For legal assistance in a similar case, consult a lawyer experienced in court representation.