Sec. 1. Disqualification
of judges. - No judge or judicial officer shall sit in any
case
in which he, or his wife or child, is pecuniarily interested as heir,
legatee,
creditor or otherwise, or in which he is related to either party within
the sixth degree of consanguinity or affinity, or to counsel within the
fourth degree, computed according to the rules of the civil law, or in
which he has been executor, administrator, guardian, trustee or
counsel,
or in which he has presided in any inferior court when his ruling or
decision
is the subject of review, without the written consent of all parties in
interest, signed by them and entered upon the record.
A judge may, in the
exercise
of his sound discretion, disqualify himself from sitting in a case, for
just or valid reasons other than those mentioned above.chan robles virtual law library red
.
Sec. 2. Objection that
judge disqualified, how made and effect. - If it be claimed that an
official is disqualified from sitting as above provided, the party
objecting
to his competency may, in writing, file with the official his
objection,
stating the grounds therefor, and the official shall thereupon proceed
with the trial, or withdraw therefrom, in accordance with his
determination
of the question of his disqualification. His decision shall be
forthwith
made in writing and filed with the other papers in the case, but no
appeal
or stay shall be allowed from, or by reason of, his decision in favor
of
his own competency, until after final judgment in the case.chan robles virtual law library
Back
to Top - Back
to Main Index - Back
to Home