Rule 15 - Disqualification of JudgeSection 15.1 ApplicabilityIn this rule, ''judge'' means probate judge, probate magistrate and attorney probate referee.
(C.G.S. sections 45a-123 and 45a-123a.)
Section 15.2 When disqualification of judge is requiredA judge shall disqualify himself or herself if required under C.G.S. section 45a-22, rule 2.11 of the Code of Probate Judicial Conduct or these rules.
(Probate Court Rules, sections 33.3(b) and 40.4(b).)
Section 15.3 Motion for disqualification of judge(a) A party seeking disqualification of a judge shall file a motion setting forth the grounds for disqualification.(b) The party shall file the motion for disqualification at least three business days before the hearing on the matter for which disqualification is sought.(c) The court may waive the requirement of subsection (b) if strict adherence will cause injustice.(d) The court shall decide the motion for disqualification before hearing the underlying matter. (C.G.S. section 45a-63(g).)
Section 15.4 Hearing and decision on motion for disqualification(a) On receipt of a motion for disqualification, the judge shall: (1) disqualify himself or herself;(2) conduct a hearing on the issue of disqualification; or(3) ask the probate court administrator to cite another judge under section 15.7, without recommending or suggesting a judge, to hear and decide the issue of disqualification.(b) The court shall issue a decree, in writing, on a motion for disqualification. If the court denies the motion, the court shall make findings regarding the grounds set forth in the motion. (Probate Court Rules, section 3.3.)
Section 15.5 Lawsuit or complaint against judge(a) A judge is not automatically disqualified from acting on a matter because a party or attorney for the party has a pending lawsuit against the judge or pending complaint about the judge with the Council on Probate Judicial Conduct.(b) If the judge becomes aware of a lawsuit or complaint about the judge, the judge shall: (1) disqualify himself or herself; or(2) advise each party and attorney of record of the lawsuit or complaint and: (A) conduct a hearing on the issue of disqualification; or(B) ask the probate court administrator to cite another judge under section 15.7 to hear and decide the issue of disqualification.(c) Disclosure of a complaint under subsection (b)(2) is not a waiver of confidentiality of proceedings before the council. Any person who has information about a complaint or the council's investigation of the complaint as a result of the disclosure under subsection (b)(2) shall not disclose the information to a third party unless the judge, when making the disclosure, indicates that the judge has waived confidentiality in the proceeding before the council.Section 15.6 Disclosure and waiver of disqualification(a) If a judge is not disqualified from acting under C.G.S. section 45a-22, rule 2.11 of the Code of Probate Judicial Conduct or these rules but is aware of information that a party or attorney for a party might consider relevant to the question of disqualification, the judge shall disclose the information, in writing, to each party and attorney of record.(b) The judge may hear the matter if: (1) after the disclosure under subsection (a), each party and attorney of record is afforded an opportunity to consider waiver of disqualification outside the presence of the judge; and(2) no party or attorney files a motion to disqualify the judge under section 15.3.(c) The written disclosure under this section shall be included in the permanent official record of the matter. (Probate Court Rules, sections 33.3(b) and 40.4(b).)
Section 15.7 Judge to act for disqualified judgeIf a judge disqualifies himself or herself from hearing a matter, the court shall ask the probate court administrator to cite another judge, without recommending or suggesting a judge, to act in the matter under C.G.S. section 45a-120.
Adopted November 7, 2012, effective 7/1/2013; amended November 8, 2016, effective 7/1/2017.