2021 Georgia Code
Title 15 - Courts
Chapter 1 - General Provisions
§ 15-1-8. When Judge or Judicial Officer Disqualified

1. No judge or Justice of any court, magistrate, nor presiding officer of any inferior judicature or commission shall:
   1. Sit in any case or proceeding in which he is pecuniarily interested;
   2. Preside, act, or serve in any case or matter when such judge is related by consanguinity or affinity within the third degree as computed according to the civil law to any party interested in the result of the case or matter; or
   3. Sit in any case or proceeding in which he has been of counsel, nor in which he has presided in any inferior judicature, when his ruling or decision is the subject of review, without the consent of all parties in interest. In all cases in which the presiding judge of the superior court was employed as counsel before his appointment as judge, he shall preside in such cases if the opposite party or counsel agree in writing that he may preside, unless he declines to do so.
2. No judge or Justice of any court, magistrate, nor presiding officer of any inferior judicature or commission shall be disqualified from sitting in any case or proceeding because of the fact that he is a policyholder or is related to a policyholder of any mutual insurance company which has no capital stock.
3. Nothing in this Code section shall be construed as applying to the qualifications of trial jurors.
4. In all cases in which a part-time judge has a conflict because such judge or his or her partner or associate represents a governmental agency or entity, a subdivision of government, or any other client, the judge will recuse himself or herself or, with the permission of the parties, transfer the case to the state or superior court, but such judge will not otherwise be disqualified or prohibited from serving as attorney for such governmental entities.

(Laws 1801, Cobb's 1851 Digest, p. 460; Code 1863, § 199; Ga. L. 1868, p. 129, § 2; Code 1868, § 193; Code 1873, § 205; Ga. L. 1880-81, p. 58, § 1; Code 1882, § 205; Civil Code 1895, § 4045; Civil Code 1910, § 4642; Code 1933, § 24-102; Ga. L. 1935, p. 396, § 1; Ga. L. 1943, p. 322, §§ 1, 2; Ga. L. 1983, p. 884, § 4-1; Ga. L. 1984, p. 22, § 15; Ga. L. 1993, p. 981, § 1; Ga. L. 2016, p. 242, § 1/SB 262.)

- Mutual insurers generally, T. 33, C. 14.

Disqualified or not participating judges, Rules of the Supreme Court of Georgia, Rule 56.

Notice of cause for disqualification or recusal, Rules of the Court of Appeals of the State of Georgia, Rule 8.

Recusal, Uniform Rules for the Superior Courts, Rule 25.

Impartial and diligent performance of judicial duties, Georgia Code of Judicial Conduct, Canon 3.

- For article, "Wills, Trusts & Administration of Estates," see 53 Mercer L. Rev. 499 (2001).

ANALYSIS

• General Consideration
• Construction of Statutory Language
• Exhaustive Grounds for Disqualification
• Pecuniary Interest or Relationship
• Bias or Prejudice
• Cases in Which Judge Has Served of Counsel
• Previous Judicial Contact
• Recusal
• Waiver

RESEARCH REFERENCES

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judges, § 80 et seq.

- 48A C.J.S., Judges, § 107 et seq.

- Constitutionality of statute making mere filing of affidavit of bias or prejudice sufficient to disqualify judge, 5 A.L.R. 1275; 46 A.L.R. 1179.

Time for asserting disqualification of judge, and waiver of disqualification, 5 A.L.R. 1588; 73 A.L.R.2d 1238.

Powers of judge who has attained constitutional age limit, 25 A.L.R. 27.

Residence or ownership of property in city or other political subdivision which is party to or interested in action as disqualifying judge, 33 A.L.R. 1322.

Necessity as justifying action by judicial or administrative officer otherwise disqualified to act in particular case, 39 A.L.R. 1476.

Necessity of including averment as to time when prejudice was discovered in affidavit contemplated by statute entitling parties to substitution of another judge upon filing affidavit of prejudice or unfairness of judge, 93 A.L.R. 239.

Right of judge not legally disqualified to decline to act in legal proceeding upon personal grounds, 96 A.L.R. 546.

What is "civil action" or "civil proceeding" within statute relating to disqualification of judge or change of venue, 102 A.L.R. 397.

Disqualifying relationship by affinity in case of judge or juror as affected by dissolution of marriage, 117 A.L.R. 800.

Disqualification of judge who presided at trial or of juror as ground of habeas corpus, 124 A.L.R. 1079.

Right to change of judges, on issues raised by petition for writ of error coram nobis, 161 A.L.R. 540.

Disqualification of judge in pending case as subject to revocation or removal, 162 A.L.R. 641.

Reviewability of action of judge in disqualifying himself, 162 A.L.R. 654.

Interest of judge in an official or representative capacity, or relationship of judge to one who is a party in an official or representative capacity, as disqualification, 10 A.L.R.2d 1307.

Relationship to attorney as disqualifying judge, 50 A.L.R.2d 143.

Disqualification of judge in proceedings to punish contempt against or involving himself or court of which he is a member, 64 A.L.R.2d 600.

Prior representation or activity as attorney or counsel as disqualifying judge, 72 A.L.R.2d 443; 16 A.L.R.4th 550.

Prohibition as appropriate remedy to prevent allegedly disqualified judge from proceeding with case, 92 A.L.R.2d 306.

Intervenor's right to disqualify judge, 92 A.L.R.2d 1110.

Propriety and prejudicial effect of suggestion or comments by judge as to compromise or settlement of civil case, 6 A.L.R.3d 1457.

Disqualification of judge for having decided different case against litigant, 21 A.L.R.3d 1369.

Disqualification of judge on ground of being a witness in the case, 22 A.L.R.3d 1198.

Disqualification of judge because of his or another's holding or owning stock in corporation involved in litigation, 25 A.L.R.3d 1331.

Disqualification of original trial judge to sit on retrial after reversal or mistrial, 60 A.L.R.3d 176.

Disqualification of judge by state, in criminal case, for bias or prejudice, 68 A.L.R.3d 509.

Affidavit or motion for disqualification of judge as contempt, 70 A.L.R.3d 797.

Disqualification of judge, justice of the peace, or similar judicial officer for pecuniary interest in fines, forfeitures, or fees payable by litigants, 72 A.L.R.3d 375.

Membership in fraternal or social club or order affected by a case as ground for disqualification of judge, 75 A.L.R.3d 1021.

Validity and application of state statute prohibiting judge from practicing law, 17 A.L.R.4th 829.

Waiver or loss of right to disqualify judge by participation in proceedings - modern state civil cases, 24 A.L.R.4th 870.

Disqualification of judge because of assault or threat against him by party or person associated with party, 25 A.L.R.4th 923.

Disqualification of judge in state proceedings to punish contempt against or involving himself in open court and in his actual presence, 37 A.L.R.4th 1004.

Disqualification of judge because of political association or relation to attorney in case, 65 A.L.R.4th 73.

Disqualification from criminal proceeding of trial judge who earlier presided over disposition of case of coparticipant, 72 A.L.R.4th 651.

Disqualification of judge for bias against counsel or litigant, 54 A.L.R.5th 575.

Disqualification of judge based on property-ownership interest in litigation which consists of more than mere stock - state cases, 56 A.L.R.5th 783.

Prior representation or activity as prosecuting attorney as disqualifying judge from sitting or acting in criminal case, 85 A.L.R.5th 471.

Disqualification of judge for having decided different case against litigant - state cases, 85 A.L.R.5th 547.

Laws governing judicial recusal or disqualification in state proceeding as violating federal or state constitution, 91 A.L.R.5th 437.

Construction of provision in Federal Criminal Procedure Rule 42(b) that if contempt charges involve disrespect to or criticism of judge, he is disqualified from presiding at trial or hearing except with defendant's consent, 3 A.L.R. Fed. 420.

Timeliness of affidavit of disqualification of trial judge under 28 USCS § 144, 141 A.L.R. Fed 311.

Propriety and prejudicial effect in civil trial of federal judge's disparaging remarks concerning party, witness or attorney, 144 A.L.R. Fed. 363.

Disqualification of judge under 28 USCA § 455(b)(4), providing for disqualification where judge has financial or other interest in proceeding, 163 A.L.R. Fed. 575.