Rule 33A - Disqualification of a justice of the Supreme Court of Appeals(a)Duty to inform. Upon appearance in any case in the Intermediate Court or the Supreme Court, counsel of record must inform the Clerk, by letter with a copy to the opposing parties, of any circumstance presented in the case in which a disqualifying interest of a Justice may arise under Canon 2, Rule 2.11 of the Code of Judicial Conduct.(b)Grounds for disqualification. A Justice shall disqualify himself or herself, with or without proper motion, in accordance with the provisions of Canon 2, Rule 2.11 of the Code of Judicial Conduct or, for any other reason the Justice deems appropriate.(c)Motions for disqualification. A party to a proceeding in this Court may file a written motion for disqualification of a Justice within thirty days after discovering the ground for disqualification and not less than seven days prior to any scheduled proceedings in the matter. If a motion for disqualification is not timely filed, such delay may be a factor in deciding whether the motion should be granted.(d)Contents of motion. The motion shall be addressed to the Justice whose disqualification is sought and shall state the facts and reasons for disqualification, including the specific provision of Canon 2, Rule 2.11 of the Code of Judicial Conduct asserted to be applicable, and shall be accompanied by a verified certificate of counsel of record or unrepresented party that: (1) he has read the motion and that to the best of his knowledge, information, and belief formed after reasonable inquiry that it is well grounded in fact and is warranted by existing law or good faith argument for the extension, modification, or reversal of existing law; and (2) that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.(e)Sanctions for improper motion. If a motion is signed in violation of paragraph (d) of this rule, the Court, with or without the participation of the Justice whose disqualification was sought, upon motion or upon its own initiative, may refer the matter to the appropriate disciplinary authority or may impose upon the person who signed it, an unrepresented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of reasonable expenses incurred because of the filing of the motion, including reasonable attorney fees.(f)Filing of motion. The motion shall be filed with the Clerk with service on all parties. Upon filing of the motion, the Clerk shall examine it to determine whether it conforms with the requirements of paragraph (d) and, retaining the original, shall return the copies to the movant with instructions for correction of any nonconformity. The movant thereafter shall promptly advise the Clerk in writing of the abandonment of the motion or shall file a corrected motion, with service on all parties. Once a proper motion is received, the Clerk shall promptly deliver a copy of the motion to each of the Justices.(g)Decision on motion. As soon as practicable, the Justice sought to be disqualified shall notify the Clerk of his or her decision on the motion for disqualification, and the Clerk shall promptly notify the other Justices and the parties of such decision.(h)Appointment of substitute Justice. When any Justice is disqualified pursuant to the provisions of this Rule, the Chief Justice, or Acting Chief Justice, may, in his or her discretion, assign a senior justice, senior judge, or circuit judge to service for the disqualified Justice. The Chief Justice shall promptly notify the Clerk of the decision regarding the necessity of the appointment of a substitute Justice, and the Clerk shall promptly notify the other Justices and the parties of such decision.As amended by order effective 11/4/2016; amended June 15, 2022, effective 7/1/2022.