Rule 38 - DISQUALIFICATION OF TRIAL JUDGE OR TRANSFER OF CLAIM TO PRESIDING JUDGE - REVIEWA. Any party who feels that a fair and impartial trial or other hearing cannot be received from the trial judge to whom the matter is assigned, shall make written motion requesting such judge to withdraw from the case. That application need not set forth specific reasons. The trial judge may withdraw without further proceeding and immediately refer the matter to the presiding judge for reassignment.B. Any party aggrieved by an order of a trial judge who refused to grant a written request to disqualify, or transfer a claim to the presiding judge for reassignment, may seek corrective relief by invoking the appellate jurisdiction of the Court en banc in the manner and within the time provided by 85 O.S., Section 340(A).C. The Supreme Court will not entertain an original proceeding to disqualify a trial judge of the Workers' Compensation Court or direct such judge to transfer a claim to the presiding judge of that court for reassignment unless it is shown that the relief sought by the petitioner was previously denied by the Court en banc. An order of the assigned trial judge or the Court en banc review panel which is favorable to the moving party may not be reviewed in any tribunal either by appeal or in any other procedural framework.Okla. Stat. tit. 85, § 38
Adopted by order of the Supreme Court, 1997 OK 130 , eff. 11/1/1997; Amended by order of the Supreme Court, 2000 OK 13 , eff. 4/15/2000; Amended by order of the Supreme Court, 2002 OK 6, eff. 3/1/2002; Renumbered from former Rule 37 by order of the Supreme Court, 2006 OK 6, eff. 1/30/2006. Amended by order of the Supreme Court, 2012 OK 19, eff. 3/6/2012 .