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§20-1401.
§20-1401.
A. No judge of any court shall sit in any cause or proceeding in which
he may be interested, or in the result of which he may be interested,
or when he is related to any party to said cause within the fourth
degree of consanguinity or affinity, or in which he has been of
counsel for either side, or in which is called in question the
validity of any judgment or proceeding in which he was of counsel or
interested, or the validity of any instrument or paper prepared or
signed by him as counsel or attorney, without the consent of the
parties to said action entered of record.
B. No judge of any court shall sit in any contested civil cause or
proceeding if he is related to any attorney of record in such cause
within the third degree of consanguinity or affinity without the
consent of the parties in such cause or proceeding who have entered a
formal appearance of record. This disqualification shall not apply
when an appearance is made by a party for the purpose of disclaiming
any interest in such action or proceeding or waiving his right to
appear and contest such cause or proceeding.
C. No judge of any court shall sit in the trial or hearing of any
criminal cause or proceeding if he is related to any attorney of
record in such cause within the third degree of consanguinity or
affinity without the consent of the parties who have made an
appearance in such cause or proceeding entered of record. This
disqualification shall not apply to arraignments, the fixing of bail,
or the acceptance of pleas.
D. "Attorney of record" as used in this section shall include not only
the attorney actually appearing in such action but any other attorney
who is an associate or a member of a partnership or professional
corporation with such appearing attorney. However, "attorney of
record" as the term relates to the Attorney General of the State of
Oklahoma, agency attorneys authorized by law, district attorney
offices, municipal attorney offices and public defender offices shall
mean only that attorney actually appearing in the cause or proceeding.
E. The disqualifications provided for in this section shall not
exclude the disqualifications at common law.
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