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Louisiana Code of Criminal Procedure Tit. XXII, Art. 671. Grounds for recusal of judge

Current as of January 01, 2023 | Updated by Findlaw Staff

A. In a criminal cause, a judge of any trial or appellate court shall be recused upon any of the following grounds:

(1) The judge is biased, prejudiced, or personally interested in the cause to such an extent that the judge would be unable to conduct a fair and impartial trial.

(2) The judge is the spouse of the accused, of the party injured, of an attorney employed in the cause, or of the district attorney; or is related to the accused or the party injured, or to the spouse of the accused or party injured, within the fourth degree; or is related to an attorney employed in the cause or to the district attorney, or to the spouse of either, within the second degree.

(3) The judge has been employed or consulted as an attorney in the cause, or has been associated with an attorney during the latter's employment in the cause.

(4) The judge is a witness in the cause.

(5) The judge performed a judicial act in the cause in another court.

(6) The judge would be unable, for any other reason, to conduct a fair and impartial trial.

B. In a criminal cause, a judge of any trial or appellate court shall also be recused when there exists a substantial and objective basis that would reasonably be expected to prevent the judge from conducting any aspect of the cause in a fair and impartial manner.

C. In any cause in which the state or a political subdivision thereof is interested, the fact that the judge is a citizen of the state or a resident of the political subdivision, or pays taxes thereto, is not a ground for recusal. In any cause in which a religious body or religious corporation is interested, the fact that a judge is a member of the religious body or religious corporation is not alone a ground for recusal.

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Cite this article: FindLaw.com - Louisiana Code of Criminal Procedure Tit. XXII, Art. 671. Grounds for recusal of judge - last updated January 01, 2023 | https://codes.findlaw.com/la/code-of-criminal-procedure/la-code-crim-proc-tit-xxii-art-671/

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