Notice of Disqualification

For many years parties were permitted to file an Affidavit of Prejudice in a pending case, which disqualified a particular judge from hearing a case.Last year, the Legislature amended the controlling statute and also gave the tool a new name – Notice of Disqualification.

Since that time, there has been some confusion and a lack of clarity regarding the appropriate language to be used within the Notice of Disqualification.

The attached document is an example of suggested language that is appropriate for Notices of Disqualification.The language is not mandatory, but certainly encouraged.