RÉSUMÉ DIGEST
ACT 38 (HB 184) 2022 Regular Session Gregory Miller
Existing law (C.C.P. Art. 154(B)) requires a district judge who is the subject of a motion to
recuse to either recuse himself or request that the supreme court appoint an ad hoc judge to
hear the motion.
New law provides that the actions required by existing law shall be done no later than seven
days after the district judge's receipt of the motion from the clerk of court.
Existing law (C.C.P. Art. 158) provides for the recusal of a judge of a court of appeal.
New law provides that if a motion to recuse a judge of a court of appeal fails to set forth a
ground for recusal, the judge who is the subject of the motion may deny it without the
appointment of another judge or hearing, but the judge shall give written reasons for the
denial.
Existing law (C.C.P. Art. 153) allows a judge to recuse himself in any cause in which a
ground for recusal exists.
New law adds a Comment to existing law providing that the fact that a judicial complaint has
been filed against the judge by one of the parties, without more, does not constitute a ground
for recusal.
Existing law (C.C.P. Art. 4862) provides that when a written motion is made to recuse a
parish or city court judge or a justice of the peace, the judge or justice of the peace shall
either recuse himself or the motion to recuse shall be tried.
New law provides that the actions required by existing law shall be done no later than seven
days after the parish or city court judge's or justice of the peace's receipt of the motion from
the clerk of court.
New law provides that if a motion to recuse a parish or city court judge or justice of the
peace fails to set forth a ground for recusal, the judge or justice of the peace who is the
subject of the motion may deny it without the appointment of another judge or hearing, but
the judge shall give written reasons for the denial.
Effective August 1, 2022.
(Amends C.C.P. Arts. 154(B) and 4862; Adds C.C.P. Art. 158(C))