Recusal Procedures

Recusal occurs when a Justice of the Peace steps aside from hearing a particular case. The purpose is straightforward: preserving the integrity of the court by ensuring that cases are decided by a neutral, unbiased judge.

CCP 154

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Until recusal is granted, the JP retains full authority to act in the case. Once recused, the Louisiana Supreme Court appoints an ad hoc Justice of the Peace to hear the matter).

CCP 153RS 13:2584

When Recusal Is Required

A Justice of the Peace is required to be recused when any of the following circumstances exist:

Ground	Description
Witness	The JP is a witness in the case
Prior Legal Role	The JP was employed or consulted as an attorney in the case, or was previously associated with an attorney who represented a party
Family Relationship	The JP is the spouse of a party or attorney, or the JP’s parent, child, or immediate family member is a party or attorney in the case
Bias or Interest	The JP is biased, prejudiced, or has a personal interest in the case or its outcome to such an extent that fair proceedings are impossible

CCP 151

When any mandatory ground exists, recusal is not discretionary — the JP is required to step aside.

When Recusal May Be Appropriate

The same statute provides grounds where recusal is optional. A JP may be recused when:

• The JP has been associated with an attorney during that attorney’s employment in the case
• The JP currently employs, for personal matters, the attorney handling the case (this employment is required to be disclosed to all parties)
• The JP performed a judicial act in the same matter in another court
• The JP is related to a party or attorney within the fourth degree, or the JP’s household member has a substantial economic interest in the controversy

What is NOT grounds for recusal: Being a citizen of the state, a resident of the parish, or a taxpayer in the area is not sufficient reason for recusal. Membership in a religious organization or corporation is also generally not grounds for disqualification.

The Recusal Process

Recusal may be initiated in two ways:

Voluntary Recusal by the JP

When a JP recognizes a conflict or bias, they may voluntarily recuse themselves. The process requires:

1. A case is required to be filed and assigned a docket number (recusal cannot occur before a case is pending)
2. The JP submits a written request to the Louisiana Supreme Court
3. The request is required to include the case caption and reasons for recusal
4. The Supreme Court appoints an ad hoc JP to hear the matter

Important: The JP does not choose who will serve as the ad hoc judge. Only the Supreme Court has authority to make this appointment.

Motion to Recuse by a Party

Any party who believes the JP should be disqualified may file a written Motion to Recuse with the JP court. The motion is required to state the reasons supporting recusal.

If the JP agrees with the reasons, they will file the motion with the Supreme Court for appointment of an ad hoc judge.

If the JP disagrees, they are required to request that the Supreme Court appoint an ad hoc judge specifically to hear the Motion to Recuse itself. That ad hoc judge will conduct a hearing and decide whether recusal is warranted.

Ad Hoc Justices of the Peace

An ad hoc Justice of the Peace is appointed specifically to hear a single matter or dispute. Upon appointment, the ad hoc JP enjoys the same power and authority as the recused JP for that case.

CCP 157CCP 159

Requesting Supreme Court Appointment

Written requests for ad hoc appointments are typically sent to:

Louisiana Supreme Court – Judicial Assignments 400 Royal Street, Suite 1190 New Orleans, LA 70130 Fax: (504) 310-2610

Common Questions

Can a JP recuse themselves before a case is filed?

No. A case is required to be filed and assigned a docket number before the JP can submit a recusal request to the Supreme Court.

What happens if a party’s motion to recuse is denied?

If the ad hoc judge denies the motion, the original JP resumes jurisdiction and proceeds to hear the case.

Can the JP pick who will be the replacement judge?

No. The Louisiana Supreme Court has sole discretion over who is appointed as the ad hoc Justice of the Peace.

Does knowing someone in the community require recusal?

Not necessarily. In small communities, JPs often know the parties personally. Simple acquaintance is not grounds for recusal. However, if the relationship creates actual bias or a reasonable appearance of partiality, recusal may be appropriate.