Is a judge disqualified to hear a criminal case when the assistant district attorney who has handled the pretrial motions has informed the judge that she intends to qualify to run against the judge in an upcoming primary election? Answer: No, absent additional facts or circumstances that either cause the judge to harbor a personal bias or prejudice in the case or that create a reasonable question as to the judge’s impartiality.

DISQUALIFICATION IN CASES IN WHICH AN ATTORNEY IS A JUDICIAL CANDIDATE IN OPPOSITION TO THE JUDGE

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Categories: Advisory Opinions