Civil Court Rules and Jury Charges

Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817

Monday, October 12, 2009

Court Rule RULE 1:12. DISQUALIFICATION AND DISABILITY OF JUDGES 1:12-1. Cause for Disqualification; On the Court's Motion

Court Rule RULE 1:12. DISQUALIFICATION AND DISABILITY OF JUDGES

1:12-1. Cause for Disqualification; On the Court's Motion

    The judge of any court shall be disqualified on the court's own motion and shall not sit in any matter, if the judge

    (a) is by blood or marriage the second cousin of or is more closely related to any party to the action;

    (b) is by blood or marriage the first cousin of or is more closely related to any attorney in the action. This proscription shall extend to the partners, employers, employees or office associates of any such attorney except where the Chief Justice for good cause otherwise permits;

    (c) has been attorney of record or counsel in the action; or

    (d) has given an opinion upon a matter in question in the action; or

    (e) is interested in the event of the action; or

    (f) when there is any other reason which might preclude a fair and unbiased hearing and judgment, or which might reasonably lead counsel or the parties to believe so.

    Paragraphs (c), (d) and (e) shall not prevent a judge from sitting because of having given an opinion in another action in which the same matter in controversy came in question or given an opinion on any question in controversy in the pending action in the course of previous proceedings therein, or because the board of chosen freeholders of a county or the municipality in which the judge resides or is liable to be taxed are or may be parties to the record or otherwise interested.