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 Rhode Island, 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 specific circumstances that can lead to disqualification include: if the judge has previously served as an attorney in the matter at hand, if the judge has a personal or fiduciary interest in the subject matter of the controversy, or if the judge is related to one of the parties 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 impartiality in the legal process. The standards for disqualification can vary, but the principles of avoiding conflicts of interest and maintaining the integrity of the judiciary are consistent across jurisdictions.