SENATE, No. 870

By Mr. Creedon, a petition (accompanied by bill, Senate, No. 870) of Robert S. Creedon, Jr. for legislation relative to the recusal of judges. The Judiciary.
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.


AN ACT relative to the recusal of judges

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 211b, Sec 11, is amended by adding the following new paragraph:

Upon receiving a written motion calling for the recusal of a Judge, before hearing the motion he shall evaluate his own conscience as to his impartiality.

He shall note over his signature on the face of the motion he considers himself to be impartial and forward a copy forthwith to the Chief Justice of the court to which he is assigned and to all parties and their attorneys of record.

If the Judge does not consider himself to be impartial, he shall recuse himself and note his recusal on the face of the motion and request the assignment of another Judge.