(A) A judge shall recuse himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned, including but not limited to the following circumstances:

(1) The judge has a personal bias or prejudice concerning a party or a party’s lawyer or knowledge of facts that are in dispute in the proceeding that would preclude the judge from being fair and impartial.

(2) The judge knows that he or she, individually or as a fiduciary, or the judge’s spouse, parent, or child wherever residing, or any other member of the judge’s family residing in the judge’s household is:

(a) a party to the proceeding, or an officer, director, general partner, managing member, or trustee of a party;

(b) acting as a lawyer in the proceeding;

(c) a person who has more than a de minimis interest that could be substantially affected by the proceeding; or

(d) likely to be a material witness in the proceeding.

(3) The judge knows that he or she, individually or as a fiduciary, or the judge’s spouse, parent or child wherever residing, or any other member of the judge’s family residing in the judge’s household, has an economic interest in the subject matter in controversy or in a party to the proceeding.

(4) The judge, while a judge or a judicial candidate, has made a public statement, other than in a court proceeding, judicial decision, or opinion, that commits or appears to commit the judge to reach a particular result or rule in a particular way in the proceeding or controversy.

(5) The judge:

(a) served as a lawyer in the matter in controversy, or was associated with a lawyer who participated substantially as a lawyer in the matter during such association;

(b) served in governmental employment, and in such capacity participated personally and substantially as a lawyer or public official concerning the proceeding, or has publicly expressed in such capacity an opinion concerning the merits of the particular matter in controversy;

(c) was a material witness concerning the matter.

(B) A judge shall keep informed about the judge’s personal and fiduciary economic interests, and make a reasonable effort to keep informed about the personal economic interests of the judge’s spouse or family members residing in the judge’s household.

(C) A judge subject to recusal under this Rule 2-2.11, other than for bias or prejudice under paragraph (A)(1), may disclose on the record the basis of the judge’s recusal and may ask the parties and their lawyers to consider, outside the presence of the judge and court personnel, whether to waive recusal. If, following the disclosure, the parties and lawyers agree, without participation by the judge or court personnel, that the judge need not recuse, the judge may participate in the proceeding.

The agreement shall be incorporated into the record of the proceeding.

[1] Under this Rule 2-2.11, a judge should recuse whenever the judge’s impartiality might reasonably be questioned, regardless of whether any of the specific provisions of paragraphs (A)(1) to (5) apply.

[2] The rule of necessity may override the rule of recusal. For example, a judge might be required to participate in judicial review of matters pertaining to the judiciary, or might be the only judge available in a matter requiring immediate judicial action, such as a hearing on probable cause or a temporary restraining order. In matters that require immediate action, the judge must disclose on the record the basis for possible recusal and make reasonable efforts to transfer the matter to another judge as soon as practicable.

[3] The fact that a lawyer in a proceeding is affiliated with a law firm with which a member of the judge’s family is affiliated does not itself require the judge’s recusal. If, however, the judge’s impartiality might reasonably be questioned under paragraph (A), or the relative is known by the judge to have an interest in the law firm that could be substantially affected by the proceeding under paragraph (A)(2)(c), the judge’s recusal is required.

[4] “Economic interest,” as set forth in the Terminology section, means ownership of more than a de minimis legal or equitable interest. Except for situations in which a judge participates in the management of such a legal or equitable interest, or the interest could be substantially affected by the outcome of a proceeding before a judge, it does not include:

(1) an interest in the individual holdings within a mutual or common investment fund;

(2) an interest in securities held by an educational, religious, charitable, fraternal, or civic organization in which the judge or the judge’s spouse, or member of the judge’s family living in the same household serves as a director, officer, advisor, or other participant;

(3) a deposit in a financial institution or deposits or proprietary interests the judge may maintain as a member of a mutual savings association or credit union, or similar proprietary interests;

(4) an interest in the issuer of government securities held by the judge; or

(5) ownership or other financial interest in small publicly traded corporations unless a proceeding pending or impending before a judge could substantially affect the value of the shares.