Rule XIX - Recusal Or Disqualification Of Justices(1)Procedure.(a) Generally. Each Justice may submit to the Clerk in writing those circumstances which would generally require recusal, including the names of businesses in which the Justice or family members have a financial interest, the names of relatives whose names may appear as counsel in appeals, and the names of law firms on whose cases the Justice does not sit.(b) Before submission. When cases are electronically filed, an alert is sent to each Justice's File and Serve Xpress mailbox informing them when disclosure statements are filed in a case. After reviewing the disclosure statements, the Justice will promptly inform the Clerk if the Justice is disqualified from sitting in the case.(c) After submission. A Justice who finds it necessary to recuse herself after distribution of the briefs or a motion immediately notifies the other members of the panel and the Chief Justice or the active Justice next in seniority if the Chief Justice is recused. The Chief Justice, or the Justice next in seniority if the Chief Justice is recused or otherwise unavailable, names a substitute to reconstitute the panel. A written order is not necessary for the reconstitution of any panel before submission for disposition.(d) Disclosure. The reasons for disqualification are not disclosed to the parties. (2)Rule of necessity. The rule of necessity is an exception to the principle that every litigant is entitled to be heard by a judge who is not subject to any disqualifications which might reasonably cause the judge's impartiality to be questioned. See Delaware Judges' Code of Judicial Conduct R. 2.11. The rule of necessity has been invoked where disqualifications exist as to all members of the state judiciary who would normally hear a matter. Rather than deny a party access to court, judicial disqualification yields to the demands of necessity.Del. Sup. Ct. Int. Opp. P. XIX
Adopted effective 6/18/2015