Rule 33B - Disqualification of a Judge of the Intermediate Court of Appeals(a) By Motion. Upon a proper disqualification motion, as set forth in this rule, a judge shall be disqualified from a proceeding only where the judge's impartiality might reasonably be questioned in accordance with the principles established in Canon 2, Rule 2.11 of the Code o f Judicial Conduct.(b) In any proceeding, any party may file a written motion for disqualification of a judge within thirty (30) days after discovering the ground for disqualification. The motion shall be addressed to the judge whose disqualification is sought and be filed with the Clerk not less than seven days prior to any scheduled proceedings in the matter 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; be accompanied by a verified certificate of counsel of record or unrepresented party that they have read the motion; that after reasonable inquiry, to the best of their knowledge, information, and belief, it is well grounded in fact and is warranted by either existing law or a good faith argument for the extension, modification, or reversal of existing law; that there is evidence sufficient to support disqualification; and 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; and be submitted by copy directly to the judge, and served upon counsel of record or unrepresented party.(c) Upon the judge's receipt of a copy of such motion, regardless of whether the judge finds good cause and agrees to the disqualification motion or not, the judge shall: proceed no further in the matter; transmit forthwith to the Chief Justice a copy of the motion and certificate, together with a letter stating the judge's response to the motion and the reasons therefor, including such matters and considerations as the judge may deem relevant; and make a copy of the letter part of the record and file same in the office of the Clerk with copies to counsel of record and any unrepresented party. (d) Upon receipt of a disqualification or recusal motion pursuant to subdivision (c) of this rule, the Chief Justice shall enter an order within fourteen (14) days providing for the judge to either remain on the case or be removed, in which case the Chief Justice shall appoint another judge to hear the matter. Voluntary Recusal by a Judge. In the absence of a disqualification motion having been filed, except as provided by Rule 17.03 below, a judge seeking voluntary recusal shall so inform the parties and shall proceed pursuant to the applicable provisions of 33(c)of this Rule, provided, that in lieu of a motion and certificate, the judge shall transmit to the Chief Justice a letter stating the reasons why the judge is requesting recusal, with reference to the relevant section(s) of the Code of Judicial Conduct and the Chief Justice shall rule pursuant to 33(d).
Challenge to Disqualification Rulings. All rulings and orders relating to the recusal or disqualification of an intermediate court of appeals judge shall be considered interlocutory in nature and not subject to direct or immediate appeal. This rule shall not, however, prohibit any party from seeking or using redress available by writ of prohibition, mandamus, or any other appropriate extraordinary writ as may be necessary to assure compliance with these rules by an intermediate court of appeals judge. This rule is not intended to provide a means to challenge an interlocutory ruling by the Chief Justice on such disqualification issues.
If a motion is signed in violation of this rule, the Chief Justice or the judge whose disqualification was sought, upon motion or sua sponte, may refer the matter to the appropriate disciplinary authority.
Adopted June 15, 2022, effective 7/1/2022.