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Bill would limit 'rule of necessity' use to avoid recusal when other judges are available
Summary
Sen. Tom McElvray told the House Judiciary Committee that Senate Bill 30 would bar judicial officers from invoking the common-law 'rule of necessity' to avoid recusal where other judicial officers with less-significant conflicts can serve as substitutes.
Sen. Tom McElvray told the House Judiciary Committee that Senate Bill 30 would limit use of the judicial "rule of necessity," a doctrine that has historically allowed judges to hear cases despite conflicts when no impartial judge is available.
Under the change McElvray proposed, a judicial officer could not rely on the doctrine to avoid recusal if another judicial officer with a lesser or insignificant conflict of interest…
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