State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1223

§15A‑1223.  Disqualification of judge.

(a)        A judge on his ownmotion may disqualify himself from presiding over a criminal trial or othercriminal proceeding.

(b)        A judge, on motionof the State or the defendant, must disqualify himself from presiding over acriminal trial or other criminal proceeding if he is:

(1)        Prejudiced againstthe moving party or in favor of the adverse  party; or

(2)        Repealed by SessionLaws 1983 (Regular Session 1984), c. 1037, s. 6.

(3)        Closely related tothe defendant by blood or marriage; or

(4)        For any other reasonunable to perform the duties required of him in an impartial manner.

(c)        A motion todisqualify must be in writing and must be accompanied by one or more affidavitssetting forth facts relied upon  to show the grounds for disqualification.

(d)        A motion todisqualify a judge must be filed no less than five  days before the time thecase is called for trial unless good cause is shown for failure to file withinthat time. Good cause includes the discovery of facts constituting grounds fordisqualification less than five days before the case is called for trial.

(e)        A judge mustdisqualify himself from presiding over a criminal  trial or proceeding if he isa witness for or against one of the parties in the case. (1977,c. 711, s. 1; 1983 (Reg. Sess., 1984), c. 1037, s. 6.)