Printable Format20-311. Disqualification of judge to sit in certain cases. In any contested civil or criminal case before a district court of this state, if any attorney of record or any party to such case is related, by blood or marriage to the judge before whom the same is pending, as a spouse, parent, child, grandchild, grandparent, brother or sister or is related to such judge as a result of being a spouse of any such parent, child, grandchild, grandparent, brother or sister, the judge shall be disqualified from hearing said case.
History: L. 1921, ch. 169, § 1; R.S. 1923, 20-311; L. 1933, ch. 168, § 3; L. 1947, ch. 222, § 1; L. 1976, ch. 145, § 84; January 10, 1977.
Judicial Council Bulletin References:
The judge pro tem in Kansas, A. K. Stavely, 1952 J.C.B. 28, 30, 31, 32, 35.
CASE ANNOTATIONS
1. Agreement of litigants appointing judge pro tem and fixing his compensation upheld. McCleery v. McCleery Lbr. Co., 140 Kan. 117, 123, 33 P.2d 1112.
2. Trial judge cousin of plaintiff's mother; not disqualified to sit. Thompson v. Barnette, 170 Kan. 384, 391, 227 P.2d 120.
3. Divorce action; application to disqualify trial judge properly denied by him. Leverenz v. Leverenz, 183 Kan. 79, 84, 325 P.2d 354.
4. Applied in conjunction with motion under K.S.A. 20-305; motion to appoint judge pro tem properly denied because untimely filed. State v. Ames, 222 Kan. 88, 96, 97, 563 P.2d 1034.
5. Affidavit filed under this section; disqualification of one judge not all judges in a multi-judge district. Sampson v. Rumsey, 1 Kan. App. 2d 191, 193, 563 P.2d 506.
6. Section applied; no effort made to comply with section. State v. Meyer, 1 Kan. App. 2d 29, 31, 561 P.2d 871.
7. Concurring opinion; discusses disqualification of judge under Rule 601, Canon 3, where son is member of prosecuting staff. State v. Logan, 9 Kan. App. 2d 353, 356, 678 P.2d 181 (1984).
8. Trial judge not automatically disqualified because son member of prosecutor's staff. State v. Logan, 236 Kan. 79, 85, 689 P.2d 778 (1984).
9. Bias and prejudice refer to mental attitude or disposition toward a party in suit, not to views relating to legal questions. Bank of Whitewater v. Decker Investments, Inc. 238 Kan. 308, 319, 320, 710 P.2d 1258 (1985).
10. Cited; affidavit based on previous adverse rulings by trial judge as no bais for recusal noted. State v. Dunn, 243 Kan. 414, 437, 758 P.2d 718 (1988).
11. Whether administrative judge erred by holding affidavit supporting request for change of judge was insufficient examined. State v. Clothier, 20 Kan. App. 2d 994, 995, 894 P.2d 257 (1995).