Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 33 - CODE OF JUDICIAL CONDUCT › Subchapter A - CANONS › 2 - A judge shall perform the duties of judicial office impartially, competently, and diligently › Rule 2.11 - Disqualification

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A judge shall
					 disqualify himself or herself in any proceeding in which the judge's
					 impartiality might reasonably be questioned, including but not limited to the
					 following circumstances:
(1) The judge has a
					 personal bias or prejudice concerning a party or a party's lawyer, or personal
					 knowledge of facts that are in dispute in the proceeding.
(2) The judge knows that the judge, the
					 judge's spouse or domestic partner, or a person within the third degree of
					 relationship to either of them, or the spouse or domestic partner of such a
					 person is:
(a) a party to the proceeding, or
					 an officer, director, general partner, managing member, or trustee of a
					 party;
(b) acting as a lawyer in
					 the proceeding;
(c) a person who
					 has more than a de minimis interest that could be substantially affected by the
					 proceeding; or
(d) likely to be a
					 material witness in the proceeding.
(3) The judge knows that he or she,
					 individually or as a fiduciary, or the judge's spouse, domestic partner,
					 parent, or child, or any other member of the judge's family residing in the
					 judge's household, has an economic interest in the subject matter in
					 controversy or is a party to the proceeding.
(4) The judge knows or learns that a party, a
					 party's lawyer, or the law firm of a party's lawyer has made a direct or
					 indirect contribution(s) to the judge's campaign in an amount that would raise
					 a reasonable concern about the fairness or impartiality of the judge's
					 consideration of a case involving the party, the party's lawyer, or the law
					 firm of the party's lawyer. In doing so, the judge should consider the public
					 perception regarding such contributions and their effect on the judge's ability
					 to be fair and impartial. There shall be a rebuttable presumption that recusal
					 or disqualification is not warranted when a contribution or reimbursement for
					 transportation, lodging, hospitality or other expenses is equal to or less than
					 the amount required to be reported as a gift on a judge's Statement of
					 Financial Interest.
(5) The judge,
					 while a judge or a judicial candidate, has made a public statement, other than
					 in a court proceeding, judicial decision, or opinion, that commits the judge to
					 reach a particular result or rule in a particular way in the proceeding or
					 controversy.
(6) The judge:
(a) served as a lawyer in the matter in
					 controversy, or was associated with a lawyer who participated substantially as
					 a lawyer in the matter during such association;
(b) served in governmental employment, and in
					 such capacity participated personally and substantially as a lawyer or public
					 official concerning the proceeding, or has publicly expressed in such capacity
					 an opinion concerning the merits of the particular matter in controversy;
					 or
(c) was a material witness
					 concerning the matter.