Los v. Los, 595 A.2d 381 (Del. 1991). · Go Syfert
Los v. Los, 595 A.2d 381 (Del. 1991). Cases Citing This Book View Copy Cite
“where the basis for the alleged disqualification is a claim, under canon 3 c(l), that the judge 'has a personal bias or prejudice concerning a party,' no per se or automatic disqualification is required.”
221 citation events (208 in the last 25 years) across 9 distinct courts.
Strongest positive: In Re AMC Entertainment Holdings, Inc. Stockholder Litigation (delch, 2023-05-10) · Strongest negative: Garden v. State (del, 2003-01-24)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited "but see" Garden v. State
Del. · 2003 · signal: but see · confidence high
Judges Code of Judicial Conduct, Canons 2 and 3C; Stevenson v. State, 782 A.2d 249, 255 (Del.2001) (holding that trial judge’s actions in requesting the assignment of two murder cases after his participation in a previous suppression hearing at which the victim testified, coupled with the nondisclosure of that request, created an appearance of impropriety which required the trial judge to recuse himself); but see Los v. Los, 595 A.2d 381, 384 (Del.1991) (holding that father’s naming of trial judge as defendant in federal suit challenging child support formula did not require recusal of tri…
discussed Cited as authority (verbatim quote) In Re AMC Entertainment Holdings, Inc. Stockholder Litigation (2×) also: Cited as authority (rule)
Del. Ch. · 2023 · quote attribution · 1 verbatim quote · confidence high
on appeal of the judge's recusal decision, the reviewing court must be satisfied that the trial judge engaged in the subjective test and will review the merits of the objective test.
discussed Cited as authority (verbatim quote) State v. Williams (2×) also: Cited as authority (rule)
Del. Super. Ct. · 2021 · quote attribution · 1 verbatim quote · confidence high
in the absence of genuine bias, a litigant should not be permitted to "judge shop" through the disqualification process.
examined Cited as authority (verbatim quote) Beck v. Beck (3×) also: Cited "see"
Del. · 2001 · signal: see · quote attribution · 1 verbatim quote · confidence high
where the basis for the alleged disqualification is a claim, under canon 3 c(l), that the judge 'has a personal bias or prejudice concerning a party,' no per se or automatic disqualification is required.
discussed Cited as authority (rule) Appiah v. State
Del. · 2025 · confidence medium
R. 57(d) (“In all cases not provided for by rule or administrative order, the court shall regulate its practice in accordance with the applicable Superior Court civil rule or in any lawful manner not inconsistent with these rules or the rules of the Supreme Court.”). 4 Los v. Los, 595 A.2d 381, 384-85 (Del. 1991) (“When faced with a claim of personal bias or prejudice under Canon 3 C(1) the judge is required to engage in a two-part analysis.
discussed Cited as authority (rule) Moore v. Moore
Del. · 2025 · confidence medium
V., Jr.), 402 A.2d 1202, 1204 (Del. 1979) (“When the determination of facts turns on a question of credibility and the acceptance or rejection of the testimony of witnesses appearing before [her], those findings of the Trial Judge will be approved upon review, and we will not substitute our opinion for that of the trier of fact.”). 4 See Los v. Los, 595 A.2d 381, 384 (Del. 1991) (noting that disqualification on the basis of judicial bias “must stem from an extrajudicial sourse and result in an opinion on the merits on some basis other than what the judge learned from [her] participation …
cited Cited as authority (rule) Hall v. WSFS
Del. Super. Ct. · 2025 · confidence medium
Los v. Los, 595 A.2d 381, 384 (Del. 1991).
discussed Cited as authority (rule) Debra Rende and Paula Lombard, Co-Trustees and Co-Agents v. Frank Rende
Del. Ch. · 2025 · confidence medium
These motions were entered on the docket by the Register in Chancery after they were presented to the Court for the first time at the December 18, 2024 hearing on the Exceptions. 12 Motion to Recuse at 1. 13 Los v. Los, 595 A.2d 381, 383 (Del. 1991). 14 Del.
discussed Cited as authority (rule) Lennox v. Michaels
Del. · 2025 · confidence medium
V., Jr.), 402 A.2d 1202, 1204 (Del. 1979) )(“When the determination of facts turns on a question of credibility and the acceptance or rejection of the testimony of witnesses appearing before him, those findings of the Trial Judge will be approved upon review, and we will not substitute our opinion for that of the trier of fact.”). 2 Los v. Los, 595 A.2d 381, 384 (Del. 1991) (stating that disqualification on the basis of judicial bias “must stem from an extrajudicial course and result in an opinion on the merits on some basis other than what the judge learned from his participation in the…
cited Cited as authority (rule) Kulak v. Itshak On
Del. Ch. · 2024 · confidence medium
Instead, I rely on Delaware’s relevant standards, which is Delaware Judges’ Code of Judicial Conduct Rule 2.11. 3 Los v. Los, 595 A.2d 381, 383 (Del. 1991).
cited Cited as authority (rule) Toll Brothers Builders, Hockessin Chase LP, Michael Brown, Timothy J. Hoban, Michael Klein v. Frederick Williams
Del. Super. Ct. · 2024 · confidence medium
Frederick Williams 4 Los v. Los, 595 A.2d, 381, 384-85 (Del.
discussed Cited as authority (rule) State v. Kellam
Del. Super. Ct. · 2024 · confidence medium
With respect to the Delaware Judges' Code of Judicial Conduct Rule 2.11, the Delaware Supreme Court has held that "the bias envisioned by [the Code of Conduct] is not created merely because the trial judge has learned facts or made adverse rulings during the course of a trial." 108 Moreover, "[t]o serve as a disqualifying factor, the alleged bias ... 'must stem from an extrajudicial source and result in an opinion on the merits on some basis other than what the judge learned from his participation in the case."' 109 Typically, when a motion to recuse is filed, a judge must undertake a two-step…
cited Cited as authority (rule) Theerachanon v. FIA Cards Services
Del. · 2024 · confidence medium
Nothing in this Court’s Rules provides 3 595 A.2d 381, 384-85 (Del. 1991) (“[T]he judge is required to engage in a two-part analysis.
discussed Cited as authority (rule) State v. Medley
Del. Super. Ct. · 2024 · confidence medium
On February 11, 2020, that judge responded that there was no conflict of interest under Los v. Los, 595 A.2d 381, 384-85 (Del. 1991), because over sixteen years had passed since the two worked together.
discussed Cited as authority (rule) Olson v. Richards
Del. · 2024 · confidence medium
May 14, 2019). 4 See Los v. Los, 595 A.2d 381, 384 (Del. 1991) (noting that judicial bias “must stem from an extrajudicial course and result in an opinion on the merits on some basis other than what the judge learned from [her] participation in the case”). 2
discussed Cited as authority (rule) Truist Bank v. Joseph B. Elad
Del. Super. Ct. · 2023 · confidence medium
All of the previous decisions of this Court have been based solely upon the applicable law and not based on any preconceived notions with respect to Mr. Elad, nor does the 22 Id. 23 Gattis v. State, Los v. Los, 595 A.2d 381, 384-385 (Del. 1991).
discussed Cited as authority (rule) Caserta v. Bradley
Del. Super. Ct. · 2023 · confidence medium
When asked to recuse due to personal bias or prejudice, a judge must engage in the two-part analysis outlined in Los v. Los.8 First, “[s]he must, as a matter of subjective relief, be satisfied that [s]he can proceed to hear the cause free of bias or prejudice concerning that party.”9 “Second, even if the judge believes that [s]he has no bias, situations may arise where, 7 Pl.’s Mot. at 2 (“If your honor can’t give me a long[-]term protection order I’m requesting to have a change of venue and transferred [sic] to the Superior Court in New Castle County De [sic] … .”). 8 595 A.…
cited Cited as authority (rule) State v. Bartell
Del. Super. Ct. · 2023 · confidence medium
On March 7, 2023, Bartell filed his third or fourth 4 Los v. Los, 595 A.2d 381, 383 (Del. 1991) 8 Motion for Appointment of Counsel which was denied on March 14, 2023.
discussed Cited as authority (rule) State v. David Elder
Del. Super. Ct. · 2023 · confidence medium
Aug. 19, 2010) (quoting Los v. Los, 595 A.2d 381, 384-85 (Del. 1991)). 56 Banther v. State, 823 A.2d 467,487 (Del. 2003). 57 Czech v. State, 945 A.2d 1088, 1095 (Del. 2008). 26 any basis to ask for a mistrial nor seek a recusal of the trial judge.
examined Cited as authority (rule) Willis v. State (3×) also: Cited "see"
Del. · 2023 · confidence medium
See, e.g., Swan v. State, 248 A.3d 839 , 856 (Del. 2021) (“We review a trial judge’s recusal decision for an abuse of discretion” and applying the abuse of discretion standard to both Los prongs) (citing Butler v. State, 95 A.3d 21, 31 (Del. 2014)); Meso Scale Diagnostics, LLC v. Roche Diagnostics GmbH, 247 A.3d 229 , 242 (Del. 2021) (“When the trial judge performs those two inquiries, we review each under the deferential abuse of discretion standard.”); Watson v. State, 934 A.2d 901, 905 (Del. 2007) (“We review a trial judge’s decision not to recuse herself for abuse of discreti…
discussed Cited as authority (rule) Martin v. Nixon (2×)
Del. · 2023 · confidence medium
We review a judge’s decision declining to disqualify and recuse himself for abuse of discretion.1 When the basis for disqualification is a claim that the judge has a personal bias or prejudice concerning a party, “the alleged bias or prejudice of the judge must stem from an extrajudicial source and result in an opinion on the merits on some basis other than what the judge learned from his participation in the case.”2 With the transcript of the pretrial conference in hand, we note that Martin mischaracterized counsel’s comment: counsel did not mock the need for an expert 1 See Los v. Lo…
discussed Cited as authority (rule) YIMAO ZHANG V. JACK LINGO, INC., REALTOR
Del. Ct. Com. Pl. · 2022 · confidence medium
When this occurs, the judge must then objectively determine whether there is an appearance of bias sufficient to case doubt on their impartiality.* If a judge’s decision or demeanor would cause an objective, reasonable, observer viewing the circumstances to conclude that a fair or impartial hearing is unlikely, then recusal is appropriate.° In other words, the question to be answered is whether an objective observer would entertain reasonable questions about the judge’s impartiality, thus warranting recusal.° The totality of the circumstances must be considered to determine whether there…
discussed Cited as authority (rule) Branch Banking and Trust Company v. Elad
Del. Super. Ct. · 2022 · confidence medium
Jan. 5, 2011). 29 Jones, 940 A.2d at 17. 30 Los v. Los, 595 A.2d 381 384 (Del. 1991). 31 Id. at 384-85 . 32 Id. at 385 . 33 Id. 34 Fritzinger v. State, 10 A.3d 603, 611 (Del. 2010); see also Stevenson v. State, 782 a.2d 249, 258 (Del. 2001). 35 Gattis v. State, 955 A.2d 1276, 1285 (Del. 2008). 5 considered to determine whether there are sufficient grounds to doubt the judge’s impartiality.36 However, in the absence of any objective basis for bias, the judge is not obligated to recuse himself from the proceedings.37 Thus, the judge should carefully consider the decision to recuse himself, and…
discussed Cited as authority (rule) Monroe v. State
Del. · 2021 · confidence medium
Ct. R. 8. 3 See Los v. Los, 595 A.2d 381, 384 (Del. 1991) (“To be disqualified the alleged bias or prejudice of the judge must stem from an extrajudicial source and result in an opinion on the merits on some basis other than what the judge learned from his participation in the case.” (internal quotation marks and citations omitted)). 3 (7) Although Monroe does not explicitly argue that his VOP sentence was illegal, we will nevertheless review it.
discussed Cited as authority (rule) Swan v. State
Del. · 2021 · confidence medium
Any ground for relief that was not asserted in the proceedings leading to the judgment of 43 Richardson v. State, 3 A.3d 233, 237 (Del. 2010) (citing Gattis v. State, 955 A.2d 1276, 1280-81 (Del. 2008)). 44 Green v. State, 238 A.3d 160 , 173 (Del. 2020) (citing Ploof v. State, 75 A.3d 811, 820 (Del. 2013)); Starling v. State, 130 A.3d 316, 325 (Del. 2015). 45 Butler v. State, 95 A.3d 21, 31 (Del. 2014) (citing Los v. Los, 595 A.2d 381, 385 (Del.1991)). 46 Opening Br.
discussed Cited as authority (rule) Meso Scale Diagnostics, LLC v. Roche Diagnostics GMBH
Del. · 2021 · confidence medium
See also Caperton, 556 U.S. at 876 (“It is axiomatic that a fair trial in a fair tribunal is a basic requirement of due process.”) (internal quotation and alteration omitted)); Los, 595 A.2d at 383 (“The requirement that judges be impartial is a fundamental principle of the administration of justice.
discussed Cited as authority (rule) Calhoun v. State
Del. · 2020 · confidence medium
C. § 421. 15 Los v. Los, 595 A.2d 381, 384 (Del. 1991). 16 (35) This Court has reviewed the record carefully and has concluded that Calhoun’s appeal is wholly without merit and devoid of any arguably appealable issue.
discussed Cited as authority (rule) Goodman v. State
Del. · 2020 · confidence medium
“Under the second prong of the Los test, we review the merits of the issue objectively and determine whether there is an appearance of bias sufficient to cause doubt about the judge’s impartiality.”14 Goodman’s appeal rests on his contention that the trial 9 Id. (citing Dutton v. State, 452 A.2d 127, 146 (Del. 1982)). 10 595 A.2d 381, 383 (Del. 1991). 11 Id. 12 Id. at 384–85. 13 Goodman agrees and states in his Opening Brief on appeal that, “there was no motion to recuse filed and there is nothing in the record to indicate any actual bias on the part of the trier of fact,” and th…
discussed Cited as authority (rule) Nastatos v. State
Del. · 2019 · confidence medium
Appellate 51 Opinion, at *12. 52 Nastatos, 91 A.3d at *5. 53 Opening Br. at 42 (citing the test under Los v. Los, 595 A.2d 381, 384-85 (Del. 1991) (“First, [the judge] must, as a matter of subjective belief, be satisfied that he can proceed to hear the cause free of bias or prejudice concerning that party.
discussed Cited as authority (rule) Tower v. Fowler
Del. · 2019 · confidence medium
C. § 729(a). 3 efforts to locate Fowler and A.T., and his unfounded attempts to prove that Fowler is failing to care for A.T. (7) A judge must recuse herself if she has a personal bias or prejudice concerning a party.6 When faced with a claim of personal bias, a judge is required to engage in a two-part analysis: (i) first, as a matter of subjective belief, she must be satisfied that she can proceed to hear the case free of bias or prejudice; and (ii) second, the judge must determine that there is no appearance of bias sufficient to cast doubt on the judge’s impartiality.7 The Family Court …
cited Cited as authority (rule) Batchelor v. Alexis Properties, LLC
Del. Super. Ct. · 2019 · confidence medium
Feb. 2, 2012) (citing Los v. Los, 595 A.2d 381, 383 (Del. 1991)). > BAC, 2012 WL 1413608 , at *3 (citing Edelstein v. Goldstein, 2011 WL 2791270 , at *3 (Del.
discussed Cited as authority (rule) State v. Kane and McNeil
Del. Super. Ct. · 2019 · confidence medium
The Governor of Delaware, appealed to the United States Court of Appeals for the Third Circuit, where the court affirmed in part and reversed in part, the district 10 Heame v. sm¢e, 176 A.3d 715 , 2017 wL 6336910, ar * 3 (Dei. 2017) (Table) (ciring Los v. Los, 595 A.2d 381, 384-85 (Del. 1991). 11 Adams, 914 F.3d at 832-33 . 12Ia'.
cited Cited as authority (rule) Hammer v. Howard Medical, Inc.
Del. Super. Ct. · 2017 · confidence medium
In Short, Hammer’s claim ofjudicial bias is unfounded Los v. Los, 595 A.2d 381, 384-85 (Del. 1991). 2 counterclaims without prejudice.
cited Cited as authority (rule) State v. Hassett
Del. Super. Ct. · 2017 · confidence medium
All information regarding this case Was learned through l Los v. Los, 595 A.2d 381, 384-85 (Del. 1991)(interna1 citations omitted). my role as a judge.
discussed Cited as authority (rule) Matter of Bradley
Del. · 2017 · confidence medium
Bradley’s petition for issuance of a writ of mandamus directing the Superior Court to rule on his motions for postconviction relief is therefore moot and must be dismissed. 2 Wheeler v. State, 135 A.3d 282 (Del. 2016). 3 595 A.2d 381, 384-85 (Del. 1991) (“[T]he judge is required to engage in a two-part analysis.
discussed Cited as authority (rule) Wiggins v. State
Del. · 2017 · confidence medium
In Carletti, the Superior Court held a 4 Roy v. State, 62 A.3d 1183, 1191 (Del. 2012). 5 Los v. Los, 595 A.2d 381, 384 (Del. 1991) (quoting United States v. Grinnell Corp., 384 U.S. 563, 583 (1966)). 6 Scarborough v. State, 938 A.2d 644, 649 (Del. 2007). 7 2011 WL 6157469 (Del.
discussed Cited as authority (rule) State v. Bradley
Del. Super. Ct. · 2017 · confidence medium
The Court also finds there is no objective appearance of partiality here.20 While Bradley has disagreed with the Court’s decisions throughout this litigation, his discontentment in this regard is simply insufficient to justify this Judge’s recusal.21 Finally, the Court notes that 19 595 A.2d 381, 384-85 (Del. 1991) (“[T]he judge is required to engage in a two-part analysis First, he must, as a matter of subjective belief, be satisfied that he can proceed to hear the cause free of bias or prejudice concerning that party.
discussed Cited as authority (rule) Turner v. State
Del. · 2017 · confidence medium
Code of Judicial Conduct R. 2.11(A). 3 Los v. Los, 595 A.2d 381, 384 (Del. 1991). 4 Id. 5 Id. at 384–85. 6 Id. at 385 . 7 Jones v. State, 940 A.2d 1, 18 (Del. 2007) (citations omitted) (quoting Stevenson v. State, 782 A.2d 249 , 255 n.2 (Del. 2001)). 2 (4) Here, the Family Court judge clearly engaged in the subjective test, when she stated “I don’t see any reason why I can’t be fair and that I would be biased in any way on the case.
discussed Cited as authority (rule) Saunders-Gomez v. Rutledge Maintenance Corportation
Del. Super. Ct. · 2017 · confidence medium
The judge must make both 55 Id. 56 Appellee’s App. to Answering Br., D.l. 11, at 56-57. 37 see Fri¢zinger v. Sra¢e, 10 A.3d 603, 611 (De1. 2010) (citing Los v. Los, 595 A.2d 381, 384 (Dei 1991)). 16 determinations on the record.”58 On appeal, the Court reviews the Trial Court’s subjective analysis for abuse of discretion, but reviews the merits of the objective analysis de novo.59 Here, for unknown reasons, the record on appeal does not contain a transcript of the Trial Court’s ruling on the recusal motion.60 Nevertheless, the evidence in the record that has been provided to the Cour…
discussed Cited as authority (rule) Pazuniak Law Office, LLC v. Pi-Net International, Inc.
Del. Super. Ct. · 2017 · confidence medium
That rule, the “Responsibility to Decide,” states that “[a] judge shall hear and decide matters assigned, unless disqualified.”14 Thus, when read with Rule 2.11, a judge has a 5 Los v. Los, 595 A.2d 381 384 (Del. 1991). 6 Id. at 384-85 . 7 Id. at 385 . 8 Id. 9 Fritzinger v. State, 10 A.3d 603, 611 (Del. 2010); see also Stevenson v. State, 782 a.2d 249, 258 (Del. 2001). 10 Gattis v. State, 955 A.2d 1276, 1285 (Del. 2008). 11 Fritzinger, 10 A.3d at 613 . 12 Desmond, 2011 WL 91984 , at *6 (“a judge’s duty to recuse or disqualify is complementary to, but not greater than, his or her ba…
cited Cited as authority (rule) Thomas E. Noble v. Gov. Jack Markell
Del. Ch. · 2015 · confidence medium
Judge’s Code of Judicial Conduct § 2.11. 9 Los v. Los, 595 A.2d 381, 383 (Del. 1991).
discussed Cited as authority (rule) McLeod v. McLeod.
Del. Super. Ct. · 2015 · confidence medium
Ct. Oct. 19, 2001). 30 Jones v. State, 940 A.2d 1, 18 (Del. 2007) (quoting Los v. Los, 595 A.2d 381, 384-85 (Del. 1991)). 31 Id. (internal quotation, citation omitted). 32 Letter Order, Item 136. 33 Opinion, Item 223. 6 suggested that Plaintiff would be allowed to participate in trial by videoconference if Florida authorities so allow. 34 B.
discussed Cited as authority (rule) Greenspan v. News Corporation
Del. Ch. · 2015 · confidence medium
Second, even if the judge believes that he has no bias, situations may arise where, actual bias aside, there is the appearance of bias sufficient to cause doubt as to the judge’s impartiality.”5 3 Los v. Los, 595 A.2d 381, 383 (Del. 1991). 4 Id. at 583-84 (citing Ungar v. Sarafite, 376 U.S. 575, 588 (1964)). 5 Id. at 584-85 .
discussed Cited as authority (rule) State of Delaware v. Madison.
Del. Super. Ct. · 2015 · confidence medium
Second, even if the judge believes that he has no bias, situations may arise where, actual bias aside, there is the appearance of bias sufficient to cause doubt as to the judge’s partiality. 20 The judge must also consider the “duty to sit” 21 and disqualify himself or herself only if genuinely convinced of the need for recusal. 22 19 Id. at 2.11(A). 20 Los v. Los, 595 A.2d 381, 384-85 (Del. 1991) (promulgating two-step analysis to determine if a personal bias or prejudice requires judicial recusal); see Butler v. State, 95 A.3d 21, 40 (Del. 2014) (judge is required to undertake Los two-…
discussed Cited as authority (rule) State of Delaware v. Madison.
Del. Super. Ct. · 2015 · confidence medium
Second, even if the judge believes that he has no bias, situations may arise where, actual bias aside, there is the appearance of bias sufficient to cause doubt as to the judge’s partiality. 20 The judge must also consider the “duty to sit” 21 and disqualify himself or herself only if genuinely convinced of the need for recusal. 22 19 Id. at 2.11(A). 20 Los v. Los, 595 A.2d 381, 384-85 (Del. 1991) (promulgating two-step analysis to determine if a personal bias or prejudice requires judicial recusal); see Butler v. State, 95 A.3d 21, 40 (Del. 2014) (judge is required to undertake Los two-…
cited Cited as authority (rule) Michael Jones v. Perry Phelps
3rd Cir. · 2015 · confidence medium
Los v. Los, 595 A.2d 381, 384-85 (Del.1991).
discussed Cited as authority (rule) State of Delaware v. Wright.
Del. Super. Ct. · 2014 · confidence medium
Abramson, Judicial Disqualification under Cannon 3 of the Code of Judicial Conduct, at 25 (2d ed. 1986). 57 Liteky v. United .States, 510 U.S. 540, 555 (1994). 58 Los, 595 A.2d at 384 (emphasis added). 59 E.g., Henry v. State, 931 A.2d 437 (Del. 2007) (TABLE) (“Generally, a claim of bias on the part of a judge must stem from an extrajudicial source.
discussed Cited as authority (rule) Gillen v. Continental Power Corporation
Del. · 2014 · confidence medium
The Superior Court judge noted that Gillen never filed a motion for recusal, the Delaware charges for which he was the 2 Los v. Los, 595 A.2d 381, 384-85 (Del. 1991). 3 Id. at 385 . 4 Fritzinger v. State, 10 A.3d 603, 611 (Del. 2010). 5 prosecutor were not admissible under Rule 609, and he had no recollection of the charges.
discussed Cited as authority (rule) Butler v. State (2×)
Del. · 2014 · confidence medium
Sullins v. State, 930 A.2d 911, 916 (Del. 2007). . 595 A.2d 381, 385 (Del.1991). .Our discussion of the facts is based on the record shaped by the Trial Judge’s own procedural choices.
cited Cited as authority (rule) Fritzinger v. State
Del. · 2010 · confidence medium
Los v. Los, 595 A.2d 381, 384 (Del.1991). 22 .
Simon G. LOS, Petitioner Below, Appellant,
v.
Catherine L. LOS, Respondent Below, Appellee
Supreme Court of Delaware.
May 8, 1991.
595 A.2d 381
Simon G. Los, pro se., Barbara D. Crowell, Morris, James, Hitchens & Williams, Wilmington, for ap-pellee.
Christie, Walsh, Holland.
Cited by 88 opinions  |  Published
WALSH, Justice:

This is an appeal from a decision of the Family Court which denied a motion seeking recusal of the trial judge. The appel[*383] lant, Simon G. Los, sought disqualification of the trial judge on the ground that Los had named the judge as a party defendant in federal litigation attacking the jurisdiction of the Family Court. The Family Court ruled that the federal litigation did not require automatic recusal and since the judge perceived no other basis for disqualification declined to recuse himself. We affirm that result as a proper exercise of discretion.

I

The facts underlying the issue of judicial disqualification are not in dispute. The parties have been engaged in extended and acrimonious litigation in the Family Court for more than two years over issues of child custody, visitation, child support and property division. [1] The most recent phase of the litigation resulted from the petition of Simon G. Los (“Father”) for review of a child support order entered by a Family Court master. In accordance with the rules of the Family Court, the matter was scheduled for review de novo before the Honorable Jay Conner, a Family Court judge. Judge Conner had presided over previous aspects of this ongoing domestic relations litigation.

Two weeks prior to the scheduled hearing, Father filed a suit in the United States District Court for the District of Delaware naming as defendants, Catherine L. Los (“Mother”), Judge Conner, mother’s counsel, as a representative of the Delaware State Bar Association, and the Attorney General of the State of Delaware. The federal action sought a declaration that Family Court Civil Rule 26, which requires court approval before initiating discovery, was unconstitutional. The Father also sought to invalidate the Delaware Child Support Formula (the “Melson Formula”). Although his complaint sought “actual and punitive” damages, Father made no claims concerning the conduct of either Judge Conner or the Attorney General apart from the discharge of their official duties in implementing court rules or State law.

At the beginning of the de novo hearing before Judge Conner, Father presented a written “MOTION TO RE-CUSE” which recited the filing of the federal suit, the naming of Judge Conner as a defendant in that action and alleged that “such circumstances create an insurmountable conflict of interest between petitioner and [Judge] Conner.” The motion sought recusal under the Delaware Judges Code of Judicial Conduct. The father also claimed that Judge Conner was biased against him but presented no specific basis for his claim. After ascertaining that Father had no specific basis for his recusal motion apart from the filing of the federal action, Judge Conner refused to disqualify himself from further proceedings. In an oral ruling implemented in a later written disposition, Judge Conner noted that he “bears no ill-will or harbors any animosity toward Mr. Los” and the mere filing of the federal litigation did not establish prejudice. Since Father refused to participate in the hearing following the denial of his motion for recu-sal, Judge Conner dismissed Father’s petition for review de novo and this appeal followed. [2]

II

The requirement that judges be impartial is a fundamental principle of the administration of justice. To that end, rules of disqualification have evolved to ensure that no judge shall preside in a case in which he is not disinterested and impartial. As a matter of due process, a litigant is entitled to neutrality on the part of the presiding judge but the standards governing disqualification also require the appearance of impartiality. See Ungar v. [*384] Sarafite, 376 U.S. 575, 588, 84 S.Ct. 841, 849, 11 L.Ed.2d 921 (1964).

The two-fold considerations of due process and the policy of the appearance of impartiality have been codified in the Delaware Code of Judicial Conduct (the “Code”). Weber v. State, Del.Supr., 547 A.2d 948, 951-52 (1988). Canon 3 C(l) of the Code provides:

C. Disqualification.
(1) A judge should disqualify himself in a proceeding in which his impartiality might reasonably be questioned, including but not limited to instances where:
(a) He has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;
(b) He served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it;
(c) He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding;
(d) He or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person:
(i)Is a party to the proceeding, or an officer, director, or trustee of a party;
(ii)Is acting as a lawyer in the proceeding or the lawyer is affiliated with a law firm with which a lawyer relative of the judge is affiliated;
(iii)Is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding;
(iv)Is to the judge’s knowledge likely to be a materia] witness in the proceedings;

As a general rule, where the grounds which will operate to disqualify a judge are expressly and comprehensively set forth by statute or rule such provisions are deemed to be exclusive. 48A C.J.S. Judges § 107 (1981). However, the “not limited to” language of Canon 3C suggests that the Delaware rule is inclusive i.e., the designated instances prompting disqualification do not exhaust all situations in which a judge’s impartiality might be questioned. The Canon does provide certain per se or bright-line standards for mandatory disqualification where the bias of the judge would be unquestionable. Thus, where a near relative is a litigant the judge’s subjective belief in his ability to be impartial is irrelevant. Canon 3 C(l)(d)(i); In re Rowe, Del.Ct.Jud., 566 A.2d 1001 (1989). Similarly, where the judge has a financial or other interest that could be “substantially affected by the outcome of the proceeding” disqualification is required. Canon 3 C(1)(c).

Where the basis for the alleged disqualification is a claim, under Canon 3 C(l), that the judge “has a personal bias or prejudice concerning a party,” no per se or automatic disqualification is required. Previous contact between the judge and a party, in the same or a different judicial proceeding, does not require automatic disqualification. Steigler v. State, Del.Supr., 277 A.2d 662, 668 (1971); Weber v. State, 547 A.2d at 952. To be disqualified the álleged bias or prejudice of the judge “must stem from an extrajudicial source and result in an opinion on the merits on some basis other than what the judge learned from his participation in the case.” United States v. Grinnell Corp., 384 U.S. 563, 583, 86 S.Ct. 1698, 1710, 16 L.Ed.2d 778 (1966). Of course, if a judge were named as an original party in the proceedings before him, he would be required to recuse himself automatically in compliance with Canon 3 C(l)(d)(i).

When faced with a claim of personal bias or prejudice under Canon 3 C(l) the judge is required to engage in a two-part analysis. First, he must, as a matter of subjective belief, be satisfied that he can proceed to hear the cause free of bias or[*385] prejudice concerning that party. Second, even if the judge believes that he has no bias, situations may arise where, actual bias aside, there is the appearance of bias sufficient to cause doubt as to the judge’s impartiality. State v. Walberg, 109 Wis.2d 96, 325 N.W.2d 687, 692 (1982). On appeal of the judge’s recusal decision, the reviewing court must be satisfied that the trial judge engaged in the subjective test and will review the merits of the objective test. Id. 325 N.W.2d at 692. The standard for such review, however, is abuse of discretion. Weber v. State, 547 A.2d at 952.

Here, Judge Conner was faced with a two-fold claim of bias. Father asserted a general claim of bias because of Judge Conner’s previous participation in other phases of the same litigation. No specific instances of such bias were alleged and Judge Conner disclaimed any feeling of bias attributable to any prior proceeding. Since this Court has ruled that a judge is not required to disqualify himself because of adverse rulings in the same or prior proceedings, we find no basis to disturb this discretionary ruling. Steigler v. State, 277 A.2d at 668; Weber v. State, 547 A.2d at 952.

With respect to Father’s claim of disqualification by reason of his federal suit against Judge Conner and the Attorney General, Judge Conner noted that the litigation dealt with discovery and the use of the Melson Formula and that he “bears no ill-will or harbors any animosity toward Mr. Los.” Los v. Los, Del.Fam. No. CN89-6844, Conner J. (Aug. 3, 1990) (ORDER). He, thereupon, denied the motion for recu-sal. We find no basis to disturb this discretionary ruling.

The mere fact that a judge is an adverse party in another proceeding will not, by itself, result in automatic disqualification. In re Disqualification of Hunter, 36 Ohio St.3d 607, 522 N.E.2d 461 (1988). Where the related action is a federal suit which seeks to enjoin the judge or question his authority, the judge is not required to recuse himself and that decision “will ordinarily be affirmed on appeal unless the record established bias or prejudice as a matter of law.” State v. Thomas, 236 Neb. 84, 459 N.W.2d 204, 210 (1990); see also Callahan v. Missouri, Mo.App., 712 S.W.2d 25 (1986) (mere fact that judge was named in a separate civil suit in federal court did not require disqualification for cause); but see People v. Lowenstein, 118 Mich.App. 475, 325 N.W.2d 462 (1982) (suggesting a judge’s obligation to recuse himself arises when suit is brought against him prior to the filing of the proceedings before him).

While we find no abuse of discretion in the refusal to recuse in this case, we note that there is a compelling policy reason for a judge not to disqualify himself at the behest of a party who initiates litigation against a judge. In the absence of genuine bias, a litigant should not be permitted to “judge shop” through the disqualification process. The orderly administration of justice would be severely hampered by permitting a party to obtain disqualification of a judge through the expedient of filing suit against him. Smith v. Smith, 115 Ariz. 299, 564 P.2d 1266 (1977).

The refusal of Judge Conner to recuse himself in this case is supported by his subjective belief that he could be impartial and there was no requirement that he disqualify himself where he was sued in his judicial capacity in an action instituted during the course of the proceedings before him. We find no abuse of discretion and accordingly AFFIRM.

1

. This is the third appeal to this Court pursued, pro se, by the appellant.

2

. A ruling by a trial court on a motion for disqualification would generally be deemed interlocutory and not subject to review without compliance with the provisions of Supreme Court Rule 42. Miller v. Suburban Propane Gas Corp., Del.Supr., 565 A.2d 913, 914 (1989). The ruling denying recusal, although interlocutory, became final in this case when the Family Court dismissed Father’s petition because of his refusal to participate in the hearing.