1. A judicial officer is disqualified from acting in a proceeding, except upon the consent of all of the parties, if any of the following circumstances exists:
a. The judicial officer has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding.
b. The judicial officer served as a lawyer in the matter in controversy, or a lawyer with whom the judicial officer previously practiced law served during that association as a lawyer concerning the matter, or the judicial officer or such lawyer has been a material witness concerning the matter.
c. The judicial officer knows that the officer, individually or as a fiduciary, or the officer’s spouse or a person related to either of them by consanguinity or affinity within the third degree or the spouse of such a person has a financial interest in the subject matter in controversy or in a party to the proceeding, or has any other interest that could be substantially affected by the outcome of the proceeding.
d. The judicial officer or the officer’s spouse, or a person related to either of them by consanguinity or affinity within the third degree or the spouse of such a person, is a party to the proceeding, or an officer, director, or trustee of a party, or is acting as a lawyer in the proceeding, or is known by the judicial officer to have an interest that could be substantially affected by the outcome of the proceeding, or is, to the judicial officer’s knowledge, likely to be a material witness in the proceeding.
2. A judicial officer shall disclose to all parties in a proceeding any existing circumstances in subsection 1, paragraphs “a” through “d”, before the parties consent to the judicial officer’s presiding in the proceeding. 83 Acts, ch 186, §1606, 10201; 2013 Acts, ch 30, §183 \n 602.1607 Court employees shall not practice law. A full-time court employee shall not practice as an attorney or counselor of law. 83 Acts, ch 186, §1607, 10201 \n
Notes of Decisions
Cited in
25
cases (
12 in the last 5 years), 1991–2026 · leading case:
Taylor v. State, 632 N.W.2d 891 (Iowa 2001).
Taylor v. State, 632 N.W.2d 891 (Iowa 2001).
· cites it 6× “Iowa Code § 602.1606 (1999). Further, the recusal section 602.”
In the Interest of C.L.C., 798 N.W.2d 329 (Iowa Ct. App. 2011).
· cites it 4× “See also Iowa Code § 602.1606 (1) (stating a “judicial officer is disqualified from acting in a proceeding” if the officer “has a personal bias or prejudice concerning a party”).”
State v. Haskins, 573 N.W.2d 39 (Iowa Ct. App. 1997).
· cites it 4× “" Iowa Code § 602.1606 (1) (1995). If a judge's impartiality might reasonably be questioned because of such bias or extrajudicial knowledge, the judge should recuse himself or herself.”
In the Interest of C.W., 522 N.W.2d 113 (Iowa Ct. App. 1994).
· cites it 4× “Linda contends the judge was disqualified under Iowa Code section 602.1606 from acting in the proceeding without the consent of the parties because she "has a personal bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts concerning the…”
Matter of Est. of Olson, 479 N.W.2d 610 (Iowa Ct. App. 1991).
· cites it 2× “Under Iowa Code section 602.1606(1), a judicial officer is disqualified from acting in a proceeding if the officer has a personal bias or prejudice concerning a party.”
In Re the Inquiry Concerning Holien, 612 N.W.2d 789 (Iowa 2000).
· cites it 2× “” Iowa Code section 602.1606(1) provides that a “judicial officer” is disqualified from acting in a proceeding if “[t]he judicial officer has .”
Peter Kelly Long v. State of Iowa (Iowa Ct. App. 2020).
· cites it 14× “Long also filed a pro se brief on November 25, 2019, alleging that Judge Wilke’s failure to recuse himself from the third PCR proceedings was a violation of Iowa Code section 602.1606(1). We affirm the district court because we agree Allison is inapplicable.”
Huffey v. Lea, 479 N.W.2d 610 (Iowa Ct. App. 1991).
· cites it 2× “Under Iowa Code section 602.1606(1), a judicial officer is disqualified from acting in a proceeding if the officer has a personal bias or prejudice concerning a party.”
State of Iowa v. Keith Lynch (Iowa Ct. App. 2021).
· cites it 2× “Iowa Code section 602.1606(1) (“A judicial officer is disqualified from acting in a proceeding, except upon the consent of all of the parties, if any of the following circumstances exists: a: The judicial officer has a personal bias or prejudice 4 The judge’s comments remind us…”
— Iowa Code § 602.1606(1) — 9 cases
In the Interest of C.L.C., 798 N.W.2d 329 (Iowa Ct. App. 2011).
“See also Iowa Code § 602.1606 (1) (stating a “judicial officer is disqualified from acting in a proceeding” if the officer “has a personal bias or prejudice concerning a party”).”
Matter of Est. of Olson, 479 N.W.2d 610 (Iowa Ct. App. 1991).
“Under Iowa Code section 602.1606(1), a judicial officer is disqualified from acting in a proceeding if the officer has a personal bias or prejudice concerning a party.”
In Re the Inquiry Concerning Holien, 612 N.W.2d 789 (Iowa 2000).
“” Iowa Code section 602.1606(1) provides that a “judicial officer” is disqualified from acting in a proceeding if “[t]he judicial officer has .”
Peter Kelly Long v. State of Iowa (Iowa Ct. App. 2020).
“Long also filed a pro se brief on November 25, 2019, alleging that Judge Wilke’s failure to recuse himself from the third PCR proceedings was a violation of Iowa Code section 602.1606(1). We affirm the district court because we agree Allison is inapplicable.”
— Iowa Code § 602.1606(1)(a) — 2 cases
Peter Kelly Long v. State of Iowa (Iowa Ct. App. 2020).
“Long also filed a pro se brief on November 25, 2019, alleging that Judge Wilke’s failure to recuse himself from the third PCR proceedings was a violation of Iowa Code section 602.1606(1). We affirm the district court because we agree Allison is inapplicable.”
— Iowa Code § 602.1606(a) — 2 cases
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