Current through Register Vol. 54, No. 25, June 22, 2024
Rule 2.11 - Disqualification(A) A magisterial district judge shall disqualify himself or herself in any proceeding in which the magisterial district judge's impartiality might reasonably be questioned, including but not limited to the following circumstances: (1) The magisterial district judge has a personal bias or prejudice concerning a party or a party's lawyer, or personal knowledge of facts that are in dispute in the proceeding.(2) The magisterial district judge knows that the magisterial district judge, the magisterial district judge's spouse or domestic partner, or a person within the third degree of relationship to either of them, or the spouse or domestic partner of such a person is: (a) a party to the proceeding, or an officer, director, general partner, managing member, or trustee of a party;(b) acting as a lawyer in the proceeding;(c) a person who has more than a de minimis interest that could be substantially affected by the proceeding; or(d) likely to be a material witness in the proceeding.(3) The magisterial district judge knows that he or she, individually or as a fiduciary, or the magisterial district judge's spouse, domestic partner, parent, or child, or any other member of the magisterial district judge's family residing in the magisterial district judge's household, has an economic interest in the subject matter in controversy or is a party to the proceeding.(4) The magisterial district judge knows or learns that a party, a party's lawyer, or the law firm of a party's lawyer has made a direct or indirect contribution(s) to the magisterial district judge's campaign in an amount that would raise a reasonable concern about the fairness or impartiality of the magisterial district judge's consideration of a case involving the party, the party's lawyer, or the law firm of the party's lawyer. In doing so, the magisterial district judge should consider the public perception regarding such contributions and their effect on the magisterial district judge's ability to be fair and impartial. There shall be a rebuttable presumption that recusal or disqualification is not warranted when a contribution or reimbursement for transportation, lodging, hospitality or other expenses is equal to or less than the amount required to be reported as a gift on a magisterial district judge's Statement of Financial Interest.(5) The magisterial district judge, while a magisterial district judge or a judicial candidate, has made a public statement, other than in a court proceeding, judicial decision, or opinion, that commits the magisterial district judge to reach a particular result or rule in a particular way in the proceeding or controversy.(6) The magisterial district judge: (a) served as a lawyer in the matter in controversy, or was associated with a lawyer who participated substantially as a lawyer or was a material witness in the matter during such association;(b) served in governmental employment, and in such capacity participated personally and substantially as a lawyer or public official concerning the proceeding, or has publicly expressed in such capacity an opinion concerning the merits of the particular matter in controversy; or(c) was a material witness concerning the matter.(B) A magisterial district judge shall keep informed about the magisterial district judge's personal and fiduciary economic interests, and make a reasonable effort to keep informed about the personal economic interests of the magisterial district judge's spouse or domestic partner and minor children residing in the magisterial district judge's household.(C) A magisterial district judge subject to disqualification under this Rule, other than for bias or prejudice under paragraph (A)(1), may disclose on the record the basis of the magisterial district judge's disqualification and may ask the parties and their lawyers to consider, outside the presence of the magisterial district judge and court personnel, whether to waive disqualification. If, following the disclosure, the parties and lawyers agree, without participation by the magisterial district judge or court personnel, that the magisterial district judge should not be disqualified, the magisterial district judge may participate in the proceeding. The agreement, in writing and signed by all parties and lawyers, shall be attached to the record copy of the complaint form.