It is the opinion of the Commission that, absent any unusual additional circumstances causing a continued question as to your impartiality, you are not disqualified to hear the action in question. The Commission has previously held on a number of occasions that, unless there are extraordinary circumstances that would require continued disqualification, a judge is not disqualified to hear an action after a circumstance causing the judge to be disqualified ceases to exist. E.g., Advisory Opinions 92-454, 96-605, 96-606, 96-616, and 96-617. Advisory Opinion 98-692 involved facts similar to those you present: dismissal of a party who was represented by an attorney whose involvement in the case would have caused disqualification of the judge.

DISQUALIFICATION AFTER CIRCUMSTANCE CAUSING
JUDGE TO BE DISQUALIFIED CEASES TO EXIST

File Type: pdf
Categories: Advisory Opinions