CCRP 676 - Judge ad hoc to try case when judge recused
Art. 676. Judge ad hoc to try case when judge recused
A. When a district court judge, or a judge of a separate juvenile court or of a family court, recuses himself, a judge ad hoc shall be assigned to try the case in the manner provided by Article 675 for the appointment of a judge ad hoc to try a motion to recuse. When a city court judge of a court having a single judge recuses himself, he shall appoint to try the case either a city court judge from an adjoining parish or a lawyer who is domiciled in the parish and has the qualifications of a city court judge.
B. When a district court judge or a judge of a separate juvenile court or of a family court is recused after a trial of the motion, the matter shall be reassigned to another judge for trial of the case in accordance with the procedures contained in Code of Criminal Procedure Article 675. When a city court judge of a court having a single judge is recused after a trial on the motion, the judge ad hoc who tried the motion to recuse shall appoint to try the case either a city court judge from an adjoining parish or a lawyer who is domiciled in the parish and has the qualifications of a city court judge.
C. When a city court has two judges, if a judge recuses himself or is recused, the case shall be tried by the other judge of that court.
D. When a city court has more than two judges, if a judge recuses himself or is recused, the case shall be tried by another judge of that court through a random reassignment process.
E. The judge ad hoc has the same power and authority to dispose of the case as the recused judge would have.
Amended by Acts 1972, No. 191, §1; Acts 2001, No. 417, §2.