CCRP 679     

  

Art. 679. Recusal of an appellate judge and a supreme court justice

            A. A party desiring to recuse a judge of a court of appeal shall file a written motion therefor assigning the ground for recusal under Article 671. When a written motion is filed to recuse a judge of a court of appeal, the judge may recuse himself or the motion shall be heard by the other judges on the panel to which the cause is assigned, or by all judges of the court, except the judge sought to be recused, sitting en banc.

            B. When a judge of a court of appeal recuses himself or is recused, the court shall randomly allot another of its judges to act for the recused judge in the hearing and disposition of the cause.

            C. If the motion to recuse fails to set forth facts constituting a ground for recusal under Article 671, the judge may deny the motion without a hearing but shall provide written reasons for the denial.

            D. A party desiring to recuse a justice of the supreme court shall file a written motion therefor assigning the ground for recusal under Article 671. When a written motion is filed to recuse a justice of the supreme court, the justice may recuse himself or the motion shall be heard by the other justices of the court.

            E. When a justice of the supreme court recuses himself or is recused by a majority of the other justices, the court may have the cause argued before and disposed of by the other justices or appoint a retired justice of the supreme court or sitting or retired judge of a district court or of a court of appeal having the qualifications of a justice of the supreme court, other than age, to sit as a member of the court in the hearing and disposition of the cause. A referred recusal motion shall be denied unless a majority of the other justices serving in the case when the motion is filed find sufficient grounds for recusal under Article 671.

            Acts 1997, No. 887, §1; Acts 2022, No. 42, §1; Acts 2026, No. 276, §4, eff. May 22, 2026.