Recusal.

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(1) A commissioner shall disclose to his or her commission any professional or personal relationship with a justice or judge that may affect an unbiased evaluation of the justice or judge, including involvement with any litigation involving the justice or judge and the commissioner, the commissioner's family, or the commissioner's financial interests. A commission may require, upon a two-thirds vote of the other commissioners, the recusal of one of its commissioners because of a relationship with a justice or judge.

(2) A justice or judge who is being evaluated by a state or district commission may not recuse himself or herself from a case solely on the basis that an attorney, party, or witness in the case is a commissioner on the evaluating commission.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1777, § 1, effective August 9.

Editor's note: This section is similar to former § 13-5.5-106.4 as it existed prior to 2017.


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