Urges States to Establish Judicial Disqualification Procedures

RESOLVED, That the American Bar Association urges states to establish clearly articulated procedures for:

A. Judicial disqualification determinations; and

B. Prompt review by another judge or tribunal, or as otherwise provided by law or rule of court, of denials of requests to disqualify a judge.

FURTHER RESOLVED, That the American Bar Association urges states in which judges are subject to elections of any kind to adopt:

A.        Disclosure requirements for litigants and lawyers who have provided, directly or indirectly, campaign support in an election involving a judge before whom they are appearing.

B.         Guidelines for judges concerning disclosure and disqualification obligations regarding campaign contributions.

FURTHER RESOLVED, That the Standing Committee on Ethics and Professional

Responsibility and the Standing Committee on Professional Discipline should proceed on an expedited basis to consider what amendments, if any, should be made to the ABA Model Code of Judicial Conduct or to the ABA Model Rules of Professional Conduct to provide necessary additional guidance to the states on disclosure requirements and standards for judicial disqualification.