RULE 8.9
DISQUALIFICATION OF JUDGE
(a) Disqualification. In any case pending in any court of limited
jurisdiction, unless otherwise provided by law, the judge thereof shall be
deemed disqualified to hear and try the case when the judge is in any way
interested or prejudiced. The judge may enter an order of disqualification.
(b) Affidavit of Prejudice. The judge shall also enter an order of
disqualification under the provisions of this rule if, before the judge
makes a discretionary ruling and before the trial is commenced, a party
files an affidavit alleging that the party cannot have a fair and impartial
trial by reason of the interest or prejudice of the judge or for other
ground provided by law. Only one such affidavit shall be filed on behalf of
the same party in the case and the affidavit shall be made as to only one
of the judges of the court. All rights to an affidavit of prejudice will be
considered waived when filed more than 10 days after the defendant's plea
is entered or arraignment is waived, unless the affidavit alleges a
particular incident, conversation or utterance by the judge, which was not
known to the party within the 10-day period. In multiple judge courts, or
when a pro tempore or visiting judge is designated as the judge, the 10-day
period shall commence on the date that the party has actual notice of
assignment or reassignment to a designated judge.
(c) Transfer. Whenever a judge is disqualified, the judge shall
immediately make an order transferring and removing the case to another
judge authorized by law to hear the case.
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