Which scenario disqualifies a judge from hearing a case?

Which scenario disqualifies a judge from hearing a case?

• A. Injured party
• B. Has been counsel for the state/accused
• C. Relationship to the accused/party injured by consanguinity or affinity within the 3rd degree
• D. All of the above

Answer: (D)

Disqualification happens when a judge’s ability to be impartial could reasonably be questioned due to personal interest or relationships. Each scenario listed creates a situation where neutrality could be compromised: being the injured party puts the judge in a direct stake in the outcome; having previously served as counsel for the state or for the accused means there’s potential for built-in bias or familiarity with the case; and a relationship to the accused or to the party injured within the third degree (consanguinity or affinity) creates a real or perceived conflict. Because any of these situations can affect impartiality, all of the above would require the judge to step aside.

Disqualification happens when a judge’s ability to be impartial could reasonably be questioned due to personal interest or relationships. Each scenario listed creates a situation where neutrality could be compromised: being the injured party puts the judge in a direct stake in the outcome; having previously served as counsel for the state or for the accused means there’s potential for built-in bias or familiarity with the case; and a relationship to the accused or to the party injured within the third degree (consanguinity or affinity) creates a real or perceived conflict. Because any of these situations can affect impartiality, all of the above would require the judge to step aside.