A judge may be disqualified from hearing or presiding over a matter in which provable facts suggest the judge has a disqualifying conflict of interest. The related legal process of recusal of a judge is generally based on the perception of impartiality due to circumstances that suggest a conflict of interest—but not to the same degree as the facts that establish disqualification.

The standards for disqualification of a judge vary from state to state, and disqualification is rare. But a judge is generally disqualified in any proceeding in which:

(1) the judge has served as a lawyer in the matter in controversy, or a lawyer with whom the judge previously practiced law served during such association as a lawyer concerning the matter;

(2) the judge knows that, individually or as a fiduciary, the judge has an interest in the subject matter in controversy; or

(3) either of the parties may be related to the judge by affinity or consanguinity within the third degree.

In Maryland, a judge may be disqualified from presiding over a case if there are provable facts that suggest a conflict of interest. This could occur if the judge has previously served as an attorney in the matter at hand, or if an attorney with whom the judge had an association served in relation to the matter. Additionally, disqualification is necessary if the judge has a personal or fiduciary interest in the subject matter of the controversy, or if there is a close familial relationship (by blood or marriage within the third degree) between the judge and any of the parties involved. The process of a judge stepping down from a case due to potential bias or conflict of interest is known as recusal. While the standards for disqualification can vary, the underlying principle is to maintain the perception of impartiality and fairness in the judicial process. In Maryland, the rules governing judicial conduct and disqualification are outlined in the Maryland Code of Judicial Conduct, and the specific procedures for recusal are typically detailed in state statutes and court rules.