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Bill would limit judges’ use of 'rule of necessity' to avoid recusal
House Judiciary · March 25, 2025
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Summary
Sen. Tom McElvray told the House Judiciary Committee Senate Bill 30 would bar use of the 'rule of necessity' to avoid recusal when other judicial officers with lesser conflicts are available, citing McLaughlin v. State as motivating precedent.
Sen. Tom McElvray presented Senate Bill 30 as a narrow statutory clarification that would prevent a judicial officer from invoking the “rule of necessity” to avoid recusal when other judges with lesser or no conflicts are available. “A judicial officer may not use the legal doctrine of the rule of necessity to avoid recusal…
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