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AR HB1457

Bill

Status

Introduced

2/26/2015

Primary Sponsor

John Baine

Click for details

Origin

House of Representatives

90th General Assembly (2015 Regular)

AI Summary

  • Creates new requirement for judges and justices to recuse themselves from civil cases when a party who has a case pending before them made a substantial campaign contribution in the immediately preceding election, if a reasonable person would perceive impaired impartiality or there is serious objective probability of actual bias.

  • Establishes rebuttable presumption that a contribution is substantial if made when the case was reasonably foreseeable to come before the judge and exceeds 10% of total contributions for Supreme Court/Court of Appeals judges, 15% for circuit court judges, or 25% for district court judges.

  • Requires written orders when judges deny recusal motions and permits appeals of such denials within 30 days to the appropriate appellate court; stays all court action while such appeal is pending.

  • Defines "party" broadly to include the party or real party in interest, immediate family members, 5% or more shareholders of business entities, affiliates or subsidiaries of corporate parties, and the party's attorney or attorneys in practice with that attorney.

  • Provides that refunded contributions do not count toward the percentage thresholds for determining substantial contributions.

Legislative Description

To Amend The Law Concerning Judicial Ethics; And To Require Recusal Of Judges With Conflicts Arising From Certain Campaign Contributions.

Last Action

WITHDRAWN BY AUTHOR

3/12/2015

Committee Referrals

Judiciary2/26/2015

Full Bill Text

No bill text available