Rule 4 - Assignment of Cases4.1. Case assignment If the caseload is such, the chief magistrate shall assign cases among the magistrates.
4.2. Recusal/Disqualification of Judge4.2.1 Motions. All motions to recuse or disqualify a judge presiding in a particular case or proceeding shall be timely filed in writing and all evidence thereon shall be presented by accompanying affidavit(s) which shall fully assert the facts upon which the motion is founded. Filing and presentation to the judge shall be not later than five (5) days after the affiant first learned of the alleged grounds for disqualification, and not later than ten (10) days prior to the hearing or trial which is the subject of recusal or disqualification, unless good cause be shown for failure to meet such time requirements. In no event shall the motion be allowed to delay the trial or proceeding.4.2.2 Affidavit. The affidavit shall clearly state the facts and reasons for the belief that bias or prejudice exists, being definite and specific as to time, place, persons and circumstances of extra-judicial conduct or statements, which demonstrate either bias in favor of any adverse party, or prejudice toward the moving party in particular, or a systematic pattern of prejudicial conduct toward persons similarly situated to the moving party, which would influence the judge and impede or prevent impartiality in that action. Allegations consisting of bare conclusions and opinions shall not be legally sufficient to support the motion or warrant further proceedings. 4.2.3 Duty of the Trial Judge. When a judge is presented with a motion to recuse, or disqualify, accompanied by an affidavit, the judge shall temporarily cease to act upon the merits of the matter and shall immediately determine the timeliness of the motion and the legal sufficiency of the affidavit, and make a determination, assuming any of the facts alleged in the affidavit to be true, whether recusal would be warranted. If it is found that the motion is timely, the affidavit sufficient and that recusal would be authorized if some or all of the facts set forth in the affidavit are true, another judge shall be assigned to hear the motion to recuse. The allegations of the motion shall stand denied automatically. The judge shall not otherwise oppose the motion.4.2.4 Procedure upon a Motion for Recusal/Disqualification. The motion shall be assigned to another judge who shall be selected according to the following rules in the order stated: (a) No judge shall ever select the judge to hear the motion about his or her own recusal; (b) Subject to the requirement of section (a) the selection of the judge to hear the motion shall be made by: (1) A random, impartial selection process, if available in the county; otherwise (2) The chief judge of the county; (3) Another judge of the county beginning with the most senior in terms of service as a judge; (4) If the above fails to provide a judge able to hear the matter, a request for assistance shall be made to the District Administrative judge as provided for in OCGA § 15-1-9.1. a. A District Representative to the Executive Committee of the Council of Magistrate Court Judges representing the county, beginning with the most senior in terms of service on the Executive Committee, may prepare the request provided for in OCGA § 15-1-9.1, secure the agreement of a suitable judge to hear the matter, and submit a suitable Order of Assignment, if required, to assist the District Administrative judge.b. A District Representative of an adjoining district to the Executive Committee of the Council of Magistrate Court Judges may perform the actions provided for in section (b)(4)a. if all the District Representatives are subjects of the Motion to Recuse/Disqualify. If the motion is sustained, the selection of another judge to hear the case shall follow the same procedure as outlined above.
4.2.5 Selection of Judge. In the instance of any hearing on a motion to recuse or disqualify a judge, the challenged judge shall neither select nor participate in the selection of the judge to hear the motion; if recused or disqualified, the recused or disqualified judge shall not select nor participate in the selection of the judge assigned to hear further proceedings in the involved action. 4.2.6 Findings and Ruling. The judge assigned may consider the motion solely upon the affidavits, but may, in the exercise of discretion, convene an evidentiary hearing. After consideration of the evidence, the judge assigned shall rule on the merits of the motion and shall make written findings and conclusions. If the motion is sustained, the selection of another judge to hear the case shall follow the same procedure as established in Rule 4.2.4 above. Any determination of disqualification shall not be competent evidence in any other case or proceedings. 4.2.7 Voluntary Recusal. If a judge, either on the motion of one of the parties or the judge's own motion, voluntarily disqualifies himself or herself, another judge, selected by the procedure set forth in Rule 4.2.4 above, shall be assigned to hear the matter involved. A voluntary recusal shall not be construed as either an admission or denial to any allegations which have been set out in the motion.4.3. Disqualification of Chief Magistrate [Deleted effective April 12, 2012.]
Amended effective October 28, 1993;April 12, 2012; amended February 21, 2014, effective March 13, 2014.