Rule 9 - Judge DisqualificationA. When a judge of the Court of Civil Appeals shall recuse, disqualify, or be ordered disqualified from deciding a cause, the Chief Judge or Vice Chief Judge of that Court shall assign another Judge of the Court of Civil Appeals to the matter in substitution of the disqualified or recused Judge. When the Chief Judge and Vice Chief Judge are disqualified or recused in the matter, the Chief Justice, upon notification by the Chief Judge and Vice Chief Judge, shall assign to the matter another judicial officer of the state. Okla. Const., art. 7, §§ 6 and 8(i); 20 O.S.2001, § 30.3; and Okla.Sup.Ct.R. 1.175, 12 O.S.2001, ch. 2, app.B. When a Justice of the Supreme Court or a Judge of the Court of Criminal Appeals shall disqualify from participating in a case, or a vacancy shall otherwise occur for any reason, the Chief Justice, when requested so to do by the affected Court, shall assign a judicial officer of the state to act as a Justice or Judge in that case. Okla. Const., art. 7, §§ 6 and 8(i).C. If the Chief Justice shall disqualify from participating in a case, the Vice Chief Justice, if not disqualified, shall make the assignment prescribed by paragraph B hereof. If both the Chief Justice and the Vice Chief Justice should disqualify, then the justice with highest seniority in terms of service, who is not disqualified, shall make the assignment. If all the justices should disqualify in a case, then the Clerk of the Supreme Court shall certify the disqualifications to the Governor and the Chief Justice shall request that the Governor appoint qualified members of the bar to sit in the case as special justices. 20 O.S.2001, § 1402.D. There shall be no communication about the case between a disqualified appellate judge or justice and the judicial officer assigned to succeed the disqualified justice or judge him in the case.E. No judge of the district court who1. is requested to disqualify,3. has been ordered disqualified in a case shall participate in the selection of another judge for assignment to that case. Any communication pertaining to the case between the disqualified judge and one who has been assigned to it shall be limited to ascertaining the identity of counsel in the case and the time estimated for its trial. Where no disqualification is sought or granted, this paragraph shall not operate to restrict the Chief Judge or the Presiding Judge in assigning or re-assigning cases, in regular order, on his or her own initiative or at the request of a district judge. F. When a Chief Judge of the district court judicial district is disqualified in a case within the meaning of paragraph E, the Presiding Judge of the judicial administrative district shall select another judge for assignment to that case. When a Presiding Judge is disqualified in a case within the meaning of paragraph E, the Chief Justice shall select another judge for assignment to that case.G. Neither the Chief Justice nor the Administrative Director of the Courts shall participate in the process of selecting a judge for assignment to a case in any court if either by statute or case law that official would be disqualified from sitting in that case as a judge. If the Chief Justice should disqualify from making an assignment to a case, the Vice Chief Justice, if not disqualified, shall make the assignment. If both the Chief Justice and the Vice Chief Justice should disqualify from making the assignment, then the justice with highest seniority in terms of service, who is not disqualified, shall make the assignment.Okla. Stat. tit. 20, app 1 R. 9
Adopted by order of the Supreme Court, 4/12/1977; Amended 6/20/1980.