AB 405

This bill requires a supreme court justice and a judge in the court of appeals,

in circuit court, and in municipal court (judge) to disqualify himself or herself from

a civil or criminal action or proceeding (action) if, as a candidate for judicial office and

within the past four years, the judge received campaign financial support of $1,000

or more from a party to the action. The bill specifies that financial support includes

campaign contributions, independent contributions made on behalf of the judge, and

independent contributions made against the judge's opponent. In the event that a

judge must disqualify himself or herself under the condition established in the bill,

the judge may disclose the reason for disqualification and ask the parties and the

lawyers of the parties to consider whether to waive disqualification. If the party who

is opposed to the party who provided campaign financial support to the judge waives

disqualification, the judge may participate in the action.

Current law requires a judge to disqualify himself or herself from an action

under certain circumstances, including when a judge is related to any party or

counsel to the action, when a judge is a party or a material witness in the action, when

a judge has a significant financial or personal interest in the outcome of the action,

and when a judge determines that he or she cannot, or it appears he or she cannot,

act in an impartial manner.