Subsection (a) derived from §84 of the Hawaiian Organic Act.

See JC Canon 3.

State v. Mata: Disqualification of a Trial Judge. 13 UH L. Rev. 641.

See also note to Organic Act §84.

Disqualification of judge: Statutory grounds, whether exclusive. 17 H. 428. Disqualification to sit on reserved question. 31 H. 150. Timeliness of suggestion of disqualification. 41 H. 270; 44 H. 483, 357 P.2d 110; 49 H. 578, 426 P.2d 298. Disqualification for bias or prejudice in favor of "opposite party"; who is "opposite party". 49 H. 578, 586, 616-7, 426 P.2d 298.

Subs. (a): Judge held not pecuniarily interested in case. 8 H. 391. Ownership of stock constitutes "a pecuniary interest" in an action in which corporation is interested. 33 H. 565. Has been of counsel -- mere employment in law firm is not disqualification. 44 H. 687, 361 P.2d 1043. Where State a party, whether judge disqualified by reason of having been a deputy attorney general. 49 H. 252, 413 P.2d 249. Not applicable where there is no provision for replacing a justice who would otherwise be disqualified. 58 H. 25, 564 P.2d 135.

Subs. (b): Legal sufficiency of affidavit. 39 H. 308; 41 H. 52; 41 H. 270; 45 H. 44, 361 P.2d 60; 48 H. 247, 397 P.2d 575; 3 H. App. 646, 658 P.2d 898. Filing of disqualifying affidavit must be timely. 49 H. 578, 586, 616, 426 P.2d 298. Affidavit required by subsection (b) must state directly or in substance a personal bias or prejudice on the part of the judge. 55 H. 80, 515 P.2d 1250. Reference of an attorney's conduct to a disciplinary board or a response to an inquiry with respect thereto by disciplinary counsel, is not grounds for disqualification of a judge. 71 H. 319, 789 P.2d 1122.

To disqualify judge, party was required to act before the judge entered ruling on the merits and in conformity with section. 2 H. App. 1, 625 P.2d 378.

Does not apply to justices of an appellate court. 41 H. 270.

Voluntary withdrawal from participation. 41 H. 270. Voluntary withdrawal of justices from participation. 53 H. 174, 488 P.2d 1406.

Review by prohibition does not lie where claim of bias and prejudice is based on facts occurring on trial and ultimately appealable. 45 H. 44, 361 P.2d 60.

State in criminal case may seek prohibition upon refusal to disqualify. 48 H. 247, 397 P.2d 575.

Provision for judge recusing oneself, control by supreme court over application of this provision. 49 H. 578, 586, 618, 426 P.2d 298.

Provision requires strict construction to avoid abuses. 55 H. 80, 515 P.2d 1250.

"Rule of necessity" requires judge to participate in a decision notwithstanding judge's personal interest if the case cannot be heard otherwise. 57 H. 348, 555 P.2d 1329.

Judge presiding over initial probate trial and a subsequent jury trial on same fact issues does not violate this section. 61 H. 236, 602 P.2d 521.

Because judge ruled on the motion to disqualify judge, attorney’s failure to file timely motion to disqualify would not be deemed a waiver of attorney’s right to seek a disqualification; judge did not err when judge denied attorney’s disqualification motion. 76 H. 187, 873 P.2d 66.

Where "evidence" of personal bias offered by defendant did not involve matters of personal interest to the judge but concerned primarily matters affecting the judge’s exercise of judicial discretion, motion for disqualification properly denied; also, neither imposition of jail sentence upon defendant nor scheduling of post-appeal hearings demonstrated bias on part of judge. 89 H. 371, 974 P.2d 11.

See 35 H. 786.

Cited: 234 F.2d 221, 223.