N.J. Admin. Code § 1:1-14.12

Current through Register Vol. 56, No. 24, December 18, 2024

Section 1:1-14.12 - Disqualification of judges

(a) A judge shall, on his or her own motion, withdraw from participation in any proceeding if the judge:

1. Is by blood or marriage the second cousin of or is more closely related to any party to the proceeding;

2. Is by blood or marriage the first cousin of or is more closely related to any attorney in the case. This proscription shall extend to partners, employers, employees, or office associates of any such attorney;

3. Has been attorney of record or counsel in the action;

4. Has given an opinion upon a matter in question in the action;

5. Is interested in the event of the action;

6. Has discussed or negotiated his or her post-retirement employment with any party, attorney, or law firm involved in the matter; or

7. When there is any other reason which might preclude a fair and unbiased hearing and decision, or which might reasonably lead the parties or their representatives to believe so.

(b) Paragraphs (a)3, 4, and 5 above shall not prevent a judge from sitting because of having given an opinion in another action in which the same matter in controversy came in question or given an opinion on any question in controversy in the pending action in the course of previous proceedings therein, or because the board of chosen freeholders of a county or the municipality in which the judge resides or is liable to be taxed are or may be parties to the record or otherwise interested.

(c) A judge shall, as soon as practicable after assignment to a particular case, withdraw from participation in a proceeding whenever the judge finds that any of the criteria in (a)1 through 7 above apply. A judge may not avoid disqualification by disclosing on the record the basis for disqualification and securing the consent of the parties.

(d) Any party may, by motion, apply to a judge for his or her disqualification. Such motion must be accompanied by a statement of the reasons for such application and shall be filed as soon as practicable after a party has reasonable cause to believe that grounds for disqualification exist. In no event shall the judge enter any order, resolve any procedural matters or render any other determination until the motion for disqualification has been decided.

(e) Any request for interlocutory review of an administrative law judge's order under this section shall be made pursuant to N.J.A.C. 1:1-14.1 0(k) and (l).

N.J. Admin. Code § 1:1-14.12

Amended by R.2013 d.105, effective 9/3/2013.
See: 45 N.J.R. 149(a), 45 N.J.R. 2031(a).
Rewrote (a); added new (b); recodified former (b) through (d) as (c) through (e); and in (c), substituted "7" for "8".