§ 29-1-1-6 — Disqualification of judges

When any judge or his spouse shall be related
within the third degree of consanguinity, according to the civil law, to
any of the parties or their attorneys, shall have drawn the will of the
decedent, or shall be interested or have been counsel in any probate
proceeding or any matter therein, the same shall be grounds for
disqualifying such judge from acting in a controverted matter with
respect to which his disqualification exists. When grounds for
disqualification exist, the judge may refuse to act as judge therein; or,
upon filing of a petition to disqualify such judge, stating the grounds
therefor, by any person interested in the particular matter with respect
to which his disqualification exists, the judge must not act therein. The
grounds for disqualification stated herein are enumerated as additional
grounds, and not in limitation of applicable grounds for disqualification
provided by statute or by Supreme Court rule with respect to trial
judges generally.
Formerly: Acts 1953, c.112, s.106.