(a) A judge is subject to recusal or disqualification
on the same grounds and under the same circumstances as specified
in TRCP Rule 18b.
(1) Motion. A motion to recuse or disqualify a judge
assigned to a case should:
(A) be made at the earliest practicable time;
(B) be verified, if the motion is in writing;
(C) state with particularity the grounds for the motion;
and
(D) be based on personal knowledge and include such
facts as would be admissible in evidence, except that facts may be
stated on information and belief if the basis for such belief is specifically
stated.
(2) Response to motion. Any other party may file or
make a statement opposing or concurring with a motion to recuse or
disqualify.
(b) If the presiding judge who is the subject of the
motion disqualifies or recuses him- or herself based on the motion,
the Chief Judge or a designee of the Chief Judge shall assign a different
presiding judge to the case.
(c) If the presiding judge who is the subject of the
motion does not disqualify or recuse him- or herself from the case,
the Chief Judge or a designee of the Chief Judge shall assign another
judge to consider and rule on the motion. At the discretion of the
assigned judge, a hearing may be held on the motion. If the assigned
judge finds that the presiding judge is disqualified or should be
recused, the Chief Judge or a designee of the Chief Judge shall assign
a different presiding judge to the case.
|