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 North Carolina, a judge may be disqualified from presiding over a case if there are provable facts that suggest a conflict of interest that could affect the judge's impartiality. The process of a judge stepping down from a case is known as recusal. The standards for disqualification can vary, but in general, a judge in North Carolina will be disqualified from a proceeding if: (1) the judge has previously served as a lawyer in the matter in controversy, or if a lawyer with whom the judge previously practiced served as a lawyer concerning the matter during their association; (2) the judge has a personal or fiduciary interest in the subject matter of the controversy; or (3) a party to the proceeding is related to the judge by blood or marriage within the third degree. These rules are designed to ensure fairness and the appearance of fairness in the judicial process by removing any potential bias or conflict of interest that a judge may have.