REPORT: States with disqualification rules

The American Judicature Society released a report tracking states’ adoption of rules requiring disqualification of judges based on commitments and campaign contributions.

Two versions of the disqualification rule exist:

The 2003 model - “a judge shall disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned, including but not limited to instances where . . . the judge, while a judge or a candidate for judicial office, has made a public statement that commits, or appears to commit, the judge with respect to (i) an issue in the proceeding; or (ii) the controversy in the proceeding.”

The 2007 model - “the judge, while a judge or a judicial candidate, has made a public statement, other than in a court proceeding, judicial decision, or opinion, that commits or appears to commit the judge to reach a particular result or rule in a particular way in the proceeding or controversy.”

Wisconsin adopted recusal rules in 2003, while Minnesota, Indiana and Ohio followed suit in 2007.

For additional disqualification reports, click here.