A judge may be disqualified from hearing or presiding over a matter in which provable facts suggest the judge has a disqualifying conflict of interest. The related legal process of recusal of a judge is generally based on the perception of impartiality due to circumstances that suggest a conflict of interest—but not to the same degree as the facts that establish disqualification.
The standards for disqualification of a judge vary from state to state, and disqualification is rare. But a judge is generally disqualified in any proceeding in which:
(1) the judge has served as a lawyer in the matter in controversy, or a lawyer with whom the judge previously practiced law served during such association as a lawyer concerning the matter;
(2) the judge knows that, individually or as a fiduciary, the judge has an interest in the subject matter in controversy; or
(3) either of the parties may be related to the judge by affinity or consanguinity within the third degree.
In Michigan, a judge may be disqualified from presiding over a case if there are provable facts that suggest a conflict of interest. This could occur if the judge has previously served as an attorney in the matter, if they have a personal or fiduciary interest in the subject matter, or if they are related to one of the parties within the third degree of affinity or consanguinity. The process for disqualification is typically initiated by a motion from one of the parties, and the judge in question may also self-disqualify if they recognize a conflict of interest. The Michigan Code of Judicial Conduct provides guidance on these matters, and the state's court rules outline the specific procedures for raising and addressing concerns about judicial conflicts of interest. While disqualification is relatively rare, it is an important mechanism to ensure impartiality and maintain public confidence in the judicial system.