This section gives a party a right to seek one change of judge without cause, and a right to seek a change for cause if listed grounds exist. It also sets filing deadlines, affidavit and service requirements, waiver rules, and limits what the challenged judge may do before reassignment.
8-865 - Change of judge; procedure; definitions 8-865. Change of judge; procedure; definitions A. A person who is a party to an action initiated pursuant to this article is entitled to a change of judge for cause on any of the following grounds: 1. The judge has been engaged as counsel in the matter before appointment or election as a judge. 2. The judge has an interest in the matter. 3. The judge is related to either party in the matter. 4. The judge is a material witness in the matter. 5. A party has cause to believe and does believe that due to the bias, prejudice or interest of the judge, the judge cannot be fair and impartial. B. Not less than five days after discovering grounds exist for a change of judge for cause pursuant to subsection A of this section but before the start of a hearing held pursuant to this article, a party may file a motion requesting a change of judge for cause. The motion shall be supported by an affidavit. The affidavit shall contain the specific grounds for the change of judge for cause. A party who requests a change of judge for cause shall provide a copy of the motion for change of judge for cause and the affidavit alleging the specific grounds for the change of judge for cause to all of the parties in the matter and the presiding judge. If the judge named in the motion for change of judge for cause and the affidavit is the judge presiding over the matter, the role of the presiding judge shall be performed by a judge who is designated by the presiding judge. C. A party waives the right to a change of judge for cause when the party, after learning that grounds exist for a change of judge for cause, allows a contested proceeding initiated pursuant to this article to begin or continue before that judge without objection. Any event that occurs before the discovery that grounds exist for a change of judge for cause does not constitute a waiver of the right to a change of judge for cause. A party may preserve allegations that the party believes may prevent a fair and impartial hearing for an appeal. D. In any matter brought pursuant to this article, each party has a right to make one request for a change of judge without cause. A party may exercise the right to a change of judge without cause by making a request on the record in open court or by filing a "notice of change of judge" that is signed by the party's attorney or, if the party is self-represented, signed by the party, stating the name of the judge to be changed without cause. A notice of change of judge without cause must be filed not less than five days after notice has been provided to the requesting party that the matter has been assigned to a judge. E. A party waives the right to a change of judge without cause when the party participates in any contested proceeding before that judge. The waiver applies to all successive petitions or supplemental petitions that are filed regarding the same matter, the same minor or any other minor who has at least one parent in common with that minor and to all proceedings after remand by an appellate court. F. If the appellate court remands a case that remains assigned to the original judge, the parties have a renewed right to a change of judge without cause. If on remand the case is assigned to a new judge, a party who has not waived a right under subsection E of this section or who has not previously filed a notice of change of judge without cause pursuant to subsection D of this section may file a notice of change of judge not later than ten days after notice has been provided to the party who is requesting a change of judge without cause that a judge has been assigned to the matter. G. If a party timely files a motion or a notice for a change of judge either for cause or without cause pursuant to this section, the judge named in the motion or notice may take no further action in the matter before the matter is reassigned to another judge, except to make the temporary orders that are necessary to prevent harm to the child that is the subject of the matter. H. For the purposes of this section: 1. "Judge" includes: (a) A judge. (b) A commissioner. (c) A judge pro tempore. 2. "Presiding judge" includes the presiding judge's designee.