A judge may be challenged if there is a statutory ground for disqualification or a reason to doubt the judge’s impartiality. The challenge may be exercised both at the request of a party (motion to recuse) and ex officio (self-report).
A statutory ground for disqualification exists if the judge:
- is themselves a party;
- is or was a spouse, registered partner or close relative of a party;
- is an elective or foster parent, or an elective or foster child, or a foster child of a party;
- is or was the authorized representative of a party;
- where deciding in a higher instance, participated in the decision of the lower instance court.
If there is a case of bias or disqualification, the case shall be retried before the substitute judge as provided for in the court’s rules.
