(1) Any party to a proceeding may request that the judicial officer assigned to the proceeding be recused if an opposing party or lawyer or a lawyer's law firm representing an opposing party meets the criteria in subsection (1)(a) or (1)(b):
- (a) the judicial officer has received one or more combined contributions totaling the maximum amount allowable under 13-37-216 from a lawyer or party to the proceeding in an election that was held within the previous 6 years; or
- (b) a lawyer, the lawyer's law firm, or party to the proceeding has made one or more contributions directly or indirectly to a political committee or other entity that engaged in independent expenditures that supported the judicial officer or opposed the judicial officer's opponent in an election that was held within the previous 6 years if the total combined amount of the contributions exceeds $10,000 for a candidate for a supreme court office or $5,000 for a candidate for any other judicial office.
- (2) The moving party shall provide sufficient facts to demonstrate that the criteria in subsection (1) have been met.
- (3) On receipt of the motion and the information required by subsection (2), the judicial officer shall recuse.
- (4) A judicial officer may not use the legal doctrine of the rule of necessity to avoid recusal because of a conflict of interest in which other judicial officers with less immediate or less significant conflicts are available to serve as substitutes.
(5) For the purposes of this section:
- (a) "contribution" has the meaning provided in 13-1-101; and
- (b) "judicial officer" has the meaning provided in 1-1-202.
History: En. Sec. 1, Ch. 433, L. 2023; amd. Sec. 1, Ch. 351, L. 2025.