Rule 27.1 - Disqualification of Supreme Court Justices(a) Notice of Potential Disqualification. Counsel must--at or before the time they file their briefs--notify the clerk and all other counsel of record in writing of the name and action taken by any member of the Supreme Court who participated at any stage in the proceeding below. (b) Motion for Disqualification. (1) Counsel must - at or before filing their briefs - file a motion for disqualification with the clerk stating any grounds then known to them. The Court will allow the later filing of such a motion if based on grounds not previously known and if filed as soon as practicable. (2) Before any further proceedings the justice whose disqualification is sought must either: (A) disqualify herself or himself, or (B) without ruling on the motion, certify the matter to the other members of the Court for decision. (3) Three justices constitute a quorum to rule on the motion. If three or more justices are challenged, the Chief Justice will appoint and assign a sufficient number of retired judges or justices, if available, to comprise a quorum. The challenged justice must not participate unless necessary to prevent the failure of a quorum. (4) A justice disqualified under Rule 2.11 of the Code of Judicial Conduct for any reason other than personal bias or prejudice concerning a party may disclose on the record the basis of the justice's disqualification and may advise the parties and their lawyers that they may consider, out of the presence of the justice, whether to waive disqualification. If, after disclosure, the parties and lawyers, without participation by the justice, all agree that the justice should not be disqualified, and the justice is then willing to participate, the justice may participate in the proceeding. Added June 11, 2013, eff. 9/3/2013; amended Feb. 10, 2020, eff. 4/13/2020.Reporters Notes-2020 Amendment
Rule 27.1(b)(4) is amended to update the cross reference to the Code of Judicial Conduct 2019, which became effective October 7, 2019.