Judicial ethics is tested on the MPRE, though only about 2-8% of the questions will cover this topic. Among the most commonly tested areas within this topic is disqualification. It'll be important to know when a judge must disqualify him/herself in a proceeding. There are quite a few instances and this post will focus on them.
As a general rule, a judge must disqualify him/herself in a proceeding in which the judge's impartiality might reasonably be questioned. And it's the burden of the judge to disclose any information that the judge believes the parties might consider relevant as to the issue of disqualification. There might, however, be certain emergency situations that override this general rule for disqualification which will allow the judge to hear a matter even though the general rule would require disqualification.
In addition to the general rule above, there are a number of specific instances that require disqualification:
Personal Bias: Disqualification is required if there is reasonable ground to believe that the judge has a personal bias concerning a party or a party's lawyer. Disqualification is also required if the judge has personal knowledge of relevant evidentiary facts.
Prior Involvement: Disqualification is also required if a judge served as a lawyer or a material witness in a matter now before the court or if a judge was associated with a law firm that participated substantially in the matter while the judge practiced at that firm. Likewise, disqualification is required if the judge presided as the judge over the matter in another court or worked for the government and participated personally and substantially as a lawyer or public official concerning the matter. Finally, the judge must disqualify him/herself if the judge publicly expressed an opinion concerning the merits of the matter.
Economic Interest: Disqualification is required if the judge knows of his/her own economic interest (more than a de minimus legal or equitable interest) in the matter now before the court. This economic interest need not be personal to the judge, however. Disqualification is also required if the interest is held by the judge's spouse, domestic partner, parent, child, or by any member of the judge's family who resides with the judge in the judge's household.
Current Involvement in the Proceeding: Disqualification is required if the judge knows that the judge, the judge's spouse or domestic partner, or any person within the third degree of relationship (as well as the spouse or domestic partner of anyone in the third degree of relationship to the judge) is involved as a party, lawyer, material witness, or interested third party in the matter before the court. Anyone related closer than cousin in within the third degree of relationship.
Persons making contributions to Judge's Election Campaign: A judge who is subject to public election must disqualify him/herself if it's known that a party, a party's lawyer, or the law firm of a party's lawyer has within a certain number of years made contributions to the judge's election campaign that exceeds a specified amount.
Public Statements of Judicial Commitment: Disqualification is required if while as a judge or judicial candidate, the judge made a public statement other than in a court proceeding, judicial decision, or opinion, that commits or reasonably appears to commit the judge to reach a particular result or to rule in a particular way.
Lastly, it's worth noting that the parties and their lawyers can waive all grounds for dismissal except for personal bias.
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