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NJ · rules

N.J. Ct. R. 1:12-1

Cause for Disqualification; On the Court's Motion

activein force · 2012-09-04 – presentact-effective-date

The judge of any court shall be disqualified on the court's own motion and shall not sit in any matter, if the judge

(a) is by blood or marriage the second cousin of or is more closely related to any party to the action;

(b) is by blood or marriage the first cousin of or is more closely related to any attorney in the action. This proscription shall extend to the partners, employers, employees or office associates of any such attorney except where the Chief Justice for good cause otherwise permits;

(c) has been attorney of record or counsel in the action;

(d) has given an opinion upon a matter in question in the action;

(e) is interested in the event of the action;

(f) has discussed or negotiated his or her post-retirement employment with any party, attorney or law firm involved in the matter; or

(g) when there is any other reason which might preclude a fair and unbiased hearing and judgment, or which might reasonably lead counsel or the parties to believe so.

Paragraphs (c), (d) and (e) shall not prevent a judge from sitting because of having given an opinion in another action in which the same matter in controversy came in question or given an opinion on any question in controversy in the pending action in the course of previous proceedings therein, or because the board of chosen freeholders of a county or the municipality in which the judge resides or is liable to be taxed are or may be parties to the record or otherwise interested.

History

Note: Source – R.R. 1:25B(a); introductory paragraph, paragraph (d) and concluding paragraph amended July 13, 1994 to be effective September 1, 1994; paragraphs (c), (d) and (e) amended, former paragraph (f) redesignated as paragraph (g), and new paragraph (f) adopted July 19, 2012 to be effective September 4, 2012.

Provenance

Source
njcourts.gov
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
0efa4d4b47dd3275b76086c24f61f5b1c649d236688405714e4c1024c2fa3e3c
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N.J. Ct. R. 1:12-1 — Cause for Disqualification; On t… · binding.law