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Committee hears bill narrowing use of "rule of necessity" for judicial recusal
Summary
Senate Bill 30 would prohibit a judicial officer from invoking the common-law "rule of necessity" to avoid recusal when other judges with lesser conflicts are available. Sponsor said the change clarifies long-standing practice; committee members asked whether enforcement would fall to courts or the Judicial Standards Commission.
Senate Bill 30, introduced by Sen. Tom McGillivray, would bar judicial officers from invoking the common-law doctrine known as the “rule of necessity” to avoid recusal when other judges with lesser or no conflicts are available to serve on a case.
McGillivray told the committee the proposal codifies a…
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