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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 20. COURTS

  § 20-1401. Disqualification of trial judge.  

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  • A.  No judge of any court shall sit in any cause or proceeding in which he may be interested, or in the result of which he may be interested, or when he is related to any party to said cause within the fourth degree of consanguinity or affinity, or in which he has been of counsel for either side, or in which is called in question the validity of any judgment or proceeding in which he was of counsel or interested, or the validity of any instrument or paper prepared or signed by him as counsel or attorney, without the consent of the parties to said action entered of record.

    B.  No judge of any court shall sit in any contested civil cause or proceeding if he is related to any attorney of record in such cause within the third degree of consanguinity or affinity without the consent of the parties in such cause or proceeding who have entered a formal appearance of record.  This disqualification shall not apply when an appearance is made by a party for the purpose of disclaiming any interest in such action or proceeding or waiving his right to appear and contest such cause or proceeding.

    C.  No judge of any court shall sit in the trial or hearing of any criminal cause or proceeding if he is related to any attorney of record in such cause within the third degree of consanguinity or affinity without the consent of the parties who have made an appearance in such cause or proceeding entered of record.  This disqualification shall not apply to arraignments, the fixing of bail, or the acceptance of pleas.

    D.  "Attorney of record" as used in this section shall include not only the attorney actually appearing in such action but any other attorney who is an associate or a member of a partnership or professional corporation with such appearing attorney.  However, "attorney of record" as the term relates to the Attorney General of the State of Oklahoma, agency attorneys authorized by law, district attorney offices, municipal attorney offices and public defender offices shall mean only that attorney actually appearing in the cause or proceeding.

    E.  The disqualifications provided for in this section shall not exclude the disqualifications at common law.

R.L. 1910, § 5812.  Renumbered from Title 22, § 571 by Laws 1969, c. 119, § 1, emerg. eff. April 3, 1969.  Amended by Laws 1970, c. 295, § 1, eff. Jan. 1, 1971; Laws 1984, c. 184, § 1, emerg. eff. May 14, 1984; Laws 1989, c.371, § 12, operative July 1, 1989.