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 Maine, a judge may be disqualified from presiding over a case if there are provable facts that suggest a conflict of interest, which could compromise the judge's impartiality. The Maine Code of Judicial Conduct provides guidance on when a judge should be disqualified. Specifically, a judge in Maine must disqualify themselves in any proceeding where: (1) the judge has previously served as a lawyer in the matter or was associated with a law firm or lawyer who worked on the matter; (2) the judge has a personal or fiduciary interest in the outcome of the case; or (3) a party to the case is related to the judge within the third degree of affinity or consanguinity. The process of a judge stepping down from a case due to potential conflict of interest is known as recusal. While disqualification is not common, it is a critical aspect of ensuring fairness and maintaining public confidence in the judicial system.