What is a motion to disqualify a judge in civil litigation?

A motion to disqualify a judge in civil litigation is a request to remove the assigned judge from a particular case. It is argued when the litigants believe the assigned judge is biased or unable to make an impartial decision. Generally, these motions are filed by one or more of the parties involved in a dispute. In Texas, motions to disqualify a judge must be filed with the Clerk of the Court and be argued before the judge. The parties must present a valid reason based on either partiality of the judge or his/her ability to make an unbiased ruling. If the judge finds the argument sufficient, he/she will recuse himself/herself from the case and order a new judge. Additionally, the Texas Code of Judicial Conduct sets forth a list of grounds for disqualification. These include a personal bias or prejudice concerning a party or lawyer, a financial or personal interest in the case’s outcome, a personal relationship with either of the parties, and membership in an organization that affects the case’s outcome. A motion to disqualify a judge is not to be taken lightly—it should only be used as a last resort. Therefore, Texas has a very strict standard by which these motions are evaluated and judges rarely grant them. When a motion is successful, a new judge is appointed and the case is heard from its beginning.

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