Ga. R. Prob. Ct. 6.10
All motions to recuse or disqualify a judge presiding in a particular case or proceeding shall be in writing, accompanied by an affidavit asserting the facts upon which the motion is founded, and timely filed. Filing and presentation to the judge shall be not later than five days after the affiant first learned of the alleged grounds for disqualification, and not later than ten days prior to the hearing or trial which is the subject of recusal or disqualification, unless good cause be shown for failure to meet such requirements. In no event shall the motion be allowed to delay the trial or proceeding.
When a judge is presented with a motion to recuse or to disqualify, accompanied by an affidavit, the judge shall temporarily cease to act upon the merits of the matter and shall immediately determine the timeliness of the motion and the legal sufficiency of the affidavit and make a determination, assuming any of the facts alleged in the affidavit to be true, whether recusal would be warranted. If it is found that the motion is timely, the affidavit is sufficient, and the recusal would be authorized if some or all of the facts set forth in the affidavit are true, the judge shall immediately forward the matter to the Chief Superior Court Judge of the same circuit. The allegations of the motion shall stand denied automatically. The trial judge shall not otherwise oppose the motion. In reviewing a motion to recuse, the judge shall use the criteria set forth in Rule 6.10(F).
If a judge, either on his own motion or that of one of the parties, voluntarily disqualifies himself, the case shall be immediately transferred to the Chief Superior Court Judge of the same circuit to hear or assign the matter for hearing or trial according to the qualifications set forth in Rule 6.10(D). A voluntary recusal shall not be construed as either an admission or a denial to any allegations that have been set out in the motion and shall not be competent evidence in any other case or proceeding.
The Chief Superior Court Judge from the same circuit shall hear the motion to determine whether the recusal is warranted. The Chief Superior Court Judge may assign any or all of such duties to a probate judge from another county, senior probate judge, sitting or retired judge or attorney admitted to the State Bar of Georgia, according to the requirements set forth in the Official Code of Georgia Annotated for the probate court of that county. When the motion to recuse is filed in an Article 6 Probate Court, the judge or attorney assigned to determine the motion or hear the case shall have been admitted to the practice of law for at least seven years.
If a recusal motion is sustained, the Chief Superior Court Judge of the same circuit as the recused judge or the judge appointed by the Chief Superior Court Judge shall also hear the trial of the case or appoint another judge or attorney to hear the case, according to the qualifications set forth in Rule 6.10(D).
In any hearing on a motion to recuse or disqualify a judge, the challenged judge shall neither select nor participate in the selection of the judge to hear the motion. If recused or disqualified, the recused or disqualified judge shall not select nor participate in the selection of the person assigned to hear further proceedings in the involved action. Any determination of disqualification shall not be competent evidence in any other case or proceeding.
The following criteria shall be used to determine whether or not the recusal is necessary:
Ga. R. Prob. Ct. 6.10