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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 20, § 20-1401: Disqualification of trial judge

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Where this section sits in the code
  1. OK Code
  2. Title 20

A. No judge of any court shall sit in any cause or proceeding

in which he may be interested, or in the result of which he may be

interested, or when he is related to any party to said cause within

the fourth degree of consanguinity or affinity, or in which he has

been of counsel for either side, or in which is called in question

the validity of any judgment or proceeding in which he was of

counsel or interested, or the validity of any instrument or paper

prepared or signed by him as counsel or attorney, without the

consent of the parties to said action entered of record.

B. No judge of any court shall sit in any contested civil cause

or proceeding if he is related to any attorney of record in such

cause within the third degree of consanguinity or affinity without

the consent of the parties in such cause or proceeding who have

entered a formal appearance of record. This disqualification shall

not apply when an appearance is made by a party for the purpose of

disclaiming any interest in such action or proceeding or waiving his

right to appear and contest such cause or proceeding.

C. No judge of any court shall sit in the trial or hearing of

any criminal cause or proceeding if he is related to any attorney of

record in such cause within the third degree of consanguinity or

affinity without the consent of the parties who have made an

appearance in such cause or proceeding entered of record. This

disqualification shall not apply to arraignments, the fixing of

bail, or the acceptance of pleas.

D. "Attorney of record" as used in this section shall include

not only the attorney actually appearing in such action but any

other attorney who is an associate or a member of a partnership or

professional corporation with such appearing attorney. However,

"attorney of record" as the term relates to the Attorney General of

the State of Oklahoma, agency attorneys authorized by law, district

attorney offices, municipal attorney offices and public defender

offices shall mean only that attorney actually appearing in the

cause or proceeding.

E. The disqualifications provided for in this section shall not

exclude the disqualifications at common law.

R.L. 1910, § 5812. Renumbered from Title 22, § 571 by Laws 1969, c.

119, § 1, emerg. eff. April 3, 1969. Amended by Laws 1970, c. 295,

§ 1, eff. Jan. 1, 1971; Laws 1984, c. 184, § 1, emerg. eff. May 14,

1984; Laws 1989, c.371, § 12, operative July 1, 1989.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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