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Supreme Court Rules
Section/Rule:
37.53
Subject:
Rule 37 - Statutory and Ordinance Violations and Violation Bureaus
Publication / Adopted Date:
May 14, 1985
Topic:
Disqualification and Change of Judge
Revised / Effective Date:
January 1, 2019
37.53. Disqualification and Change of Judge
(
a
) This Rule 37.53 governs the procedure for disqualification of a judge in all ordinance violation cases, except those heard de novo or those in which there is a timely exercise of a right to a jury trial.
(
b
) Without Application. The judge shall recuse:
(1) When the judge is related to any defendant, when the judge has an interest in the case, or when the judge previously has been counsel in the case or
(2) When the attorney representing the prosecuting county or municipality in the case regularly serves as a judge in another municipal division located within the same county before whom the judge regularly represents a prosecuting county or municipality.
(
c
) With Application – Procedure. A change of judge shall be ordered upon the filing of a written application therefor by any party. The applicant need not allege or prove any reason for such change.
The application need not be verified and may be signed by any party or an attorney for any party.
The application must be filed not later than ten days after the initial plea is entered.
If the designation of the trial judge occurs less than ten days before trial, the application may be filed any time prior to trial. If the designation of the trial judge occurs more than ten days after the initial plea is entered, the application shall be filed within ten days of the designation of the trial judge or prior to the commencement of any proceeding on the record, whichever is earlier.
No party shall be allowed more than one change of judge pursuant to this Rule 37.53(c). However, no party shall be precluded from requesting any change of judge for cause at any time.
(
d
) When a timely application for a change of judge is filed or a judge recuses, the judge shall:
(1) Comply with any circuit court rule that provides for the assignment of a judge; or
(2) Notify the presiding judge of the circuit who shall designate a judge to hear the case or request this Court to transfer a judge to hear the case.
(
e
) If an associate circuit judge or a circuit judge is designated to try the case, the designated judge shall determine the location of the trial at a place within the county.
(Adopted May 14, 1985, eff. Jan. 1, 1986. Amended Dec. 23, 2003, eff. July 1, 2004; June 27, 2016, eff. Jan. 1, 2017; June 29, 2018, eff. Jan. 1, 2019.)
