{"data":{"id":"us-ok/okla.-stat.-tit.-20-20-1401","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 20, § 20-1401","heading":"Disqualification of trial judge","body":"A. No judge of any court shall sit in any cause or proceeding\n\nin which he may be interested, or in the result of which he may be\n\ninterested, or when he is related to any party to said cause within\n\nthe fourth degree of consanguinity or affinity, or in which he has\n\nbeen of counsel for either side, or in which is called in question\n\nthe validity of any judgment or proceeding in which he was of\n\ncounsel or interested, or the validity of any instrument or paper\n\nprepared or signed by him as counsel or attorney, without the\n\nconsent of the parties to said action entered of record.\n\nB. No judge of any court shall sit in any contested civil cause\n\nor proceeding if he is related to any attorney of record in such\n\ncause within the third degree of consanguinity or affinity without\n\nthe consent of the parties in such cause or proceeding who have\n\nentered a formal appearance of record. This disqualification shall\n\nnot apply when an appearance is made by a party for the purpose of\n\ndisclaiming any interest in such action or proceeding or waiving his\n\nright to appear and contest such cause or proceeding.\n\nC. No judge of any court shall sit in the trial or hearing of\n\nany criminal cause or proceeding if he is related to any attorney of\n\nrecord in such cause within the third degree of consanguinity or\n\naffinity without the consent of the parties who have made an\n\nappearance in such cause or proceeding entered of record. This\n\ndisqualification shall not apply to arraignments, the fixing of\n\nbail, or the acceptance of pleas.\n\nD. \"Attorney of record\" as used in this section shall include\n\nnot only the attorney actually appearing in such action but any\n\nother attorney who is an associate or a member of a partnership or\n\nprofessional corporation with such appearing attorney. However,\n\n\"attorney of record\" as the term relates to the Attorney General of\n\nthe State of Oklahoma, agency attorneys authorized by law, district\n\nattorney offices, municipal attorney offices and public defender\n\noffices shall mean only that attorney actually appearing in the\n\ncause or proceeding.\n\nE. The disqualifications provided for in this section shall not\n\nexclude the disqualifications at common law.\n\nR.L. 1910, § 5812. Renumbered from Title 22, § 571 by Laws 1969, c.\n\n119, § 1, emerg. eff. April 3, 1969. Amended by Laws 1970, c. 295,\n\n§ 1, eff. Jan. 1, 1971; Laws 1984, c. 184, § 1, emerg. eff. May 14,\n\n1984; Laws 1989, c.371, § 12, operative July 1, 1989.","path":["OK Code","Title 20"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os20.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"5aab4c5f44979fa54079731a0311695b9f96c8400cfb7de5618a4f84adbc5dda","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-20-20-14.1","next":"us-ok/okla.-stat.-tit.-20-20-1402"},"notice":"GroundRules: Original legal text. Not legal advice."}