In the District of Columbia judicial disqualification is controlled primarily by the D.C. Superior Court Rule of Civil Procedure 63-I, which is virtually identical to Federal Rule of Civil Procedure 63, and substantially the same as 28 U.S.C. §144. Pursuant to Rule of Criminal Procedure 57(a), Rule 63-I also applies to criminal cases. In addition to Rule 63-I, the ABA Code of Judicial Conduct, which applies to the judges of the District of Columbia Superior Court and the District of Columbia Court of Appeals, is often cited by litigants as a basis for seeking disqualification of District of Columbia judges in both civil and criminal cases.
Rule 63-I prescribes disqualification on the grounds of bias against a party, and also supplies the procedural requirements for filing judicial disqualification motions in civil cases pending in the District. To prevail upon a Rule 63-I motion, the moving party must file an affidavit setting forth “the facts and the reasons for the belief that judicial bias exists.”
1. To review the Code of Judicial Conduct for District of Columbia Courts click here
2. For an overview of federal law on disqualification generally click the federal law tab at the top of this page
3. For an analysis of recusal and disqualification law in District of Columbia which is updated annually see Flamm, R., Judicial Disqualification: Recusal and Disqualification of Judges (Second Edition, 2007) § 28.10 . See also United States v. Microsoft Corp., 253 F.3d 34, 114 (D.C. Cir. 2001), citing Richard E. Flamm, Judicial Disqualification § 24.2.1 (1996). To locate District of Columbia libraries that have the current edition of this book search the worldcat database here.