Rule 10-162. Peremptory challenge to a children's court judge; recusal; procedure for exercising; disability.

A. Limit on excusals or challenges. No party shall excuse more than one judge. A party may not excuse a judge after the party has requested that judge to perform any discretionary act. Action by the court in connection with the issuance of an ex parte custody order, a detention hearing, or the appointment of counsel shall not preclude the disqualification of a judge. B. Procedure for excusing a children’s court judge on first assignment. A party may exercise the statutory right to excuse the judge before whom the proceeding is pending by filing with the clerk of the children’s court a peremptory election. The peremptory election to excuse, other than one filed by the Children, Youth and Families Department (the Department) in an abuse or neglect case, must be signed by the party or an attorney representing a party within ten (10) days after the latter of (1) the first appearance of the party; (2) service of the petition on the party; or (3) mailing by the clerk of notice of assignment of the case to a judge. The Department in an abuse or neglect case shall file any peremptory election to excuse within two (2) days of the filing of the petition. C. Notice of reassignment; service of excusal. After the filing of the petition, if the case is reassigned to a different judge, the clerk shall give notice of reassignment to all parties. Any party who is not precluded from electing to excuse a judge shall serve notice of that election on all parties within ten (10) days of mailing by the clerk of the notice of reassignment. D. Misuse of peremptory excusal procedure. Peremptory excusals are not to be exercised to hinder, delay, or obstruct the administration of justice. If it appears that an attorney or group of attorneys may be using peremptory excusals for improper purposes or with such frequency as to impede the administration of justice, the Chief Judge of the district shall send a written notice to the Chief Justice of the Supreme Court and shall send a copy of the written notice to the attorney or group of attorneys believed to be improperly using peremptory excusals. The Chief Justice may take appropriate action to address any misuse, including issuance of an order providing that the attorney or attorneys or any party they represent may not file peremptory excusals for a specified period of time or until further order of the Chief Justice. E. Recusal. No children’s court judge shall sit in any action in which the judge’s impartiality may reasonably be questioned under the provisions of the Constitution of New Mexico or the Code of Judicial Conduct, and the judge shall file a recusal in any such action. Upon receipt of notification of recusal from a children's court judge, the clerk of the court shall give written notice to each party. F. Disability. If by reason of death, sickness, or other disability the judge before whom a jury trial has commenced is unable to proceed with the jury trial, any other judge regularly sitting in or assigned to the court, upon certifying familiarity with the record of the jury trial, may proceed with and finish the jury trial or, if appropriate, may grant a mistrial. In a nonjury trial, upon motion of a party, a mistrial shall be granted upon disability of the trial judge.