How to Disqualify a Judge in Idaho
An Idaho litigant who seeks to
disqualify a judge in a civil proceeding may do so without any showing of cause pursuant to Idaho Rule of Civil Procedure 40(d)(1). Absent a timely filed peremptory challenge, the litigant must seek disqualification for cause pursuant to Idaho Rule of Civil Procedure 40(d)(1).
In addition, parties may seek to disqualify a judge for cause, in a criminal case, pursuant to Idaho R. Crim. P. 25(b); or, in a civil case, pursuant to Rule 40(d)(2) of the Idaho Rules of Civil Procedure, by showing that the judge is a party, has an interest in a proceeding pending before him, is related to a party within the third degree of relationship, has been counsel for any party in the proceeding, or is biased for or against any party or his case. In such a situation the challenged judge has no discretion to deny the motion; but, rather, must immediately disqualify himself.
1. For an unpublished 2012 Idaho Appeals Court decision discussing whether a trial judge should have been recused pursuant to I.C.R. 25(b)(4) click here
2. For an Idaho Law Review Comment on Recusal Reform in Idaho following the United States Supreme Court’s Caperton decision see McGreevy, 2010 Idaho Law Review, 46 Idaho L. Rev. 699 (2010). (Online access to this article requires payment of a fee)
3. For an analysis of recusal and disqualification law in Idaho, which is updated annually, see Flamm, R., Judicial Disqualification: Recusal and Disqualification of Judges (Second Edition, 2007). To locate Idaho libraries that have the current edition of this book click here