Massachusetts judges are subject to the SJC’s Code of Judicial Conduct. According the code, a judge should disqualify and recuse himself from a case if any of the following circumstances arise:

(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 a lawyer in the matter of 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 or other property interest in the subject matter in controversy or in a party to the proceeding, which interest could be substantially affected by the outcome of the proceedings;


(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;
(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 material witness in the proceeding.

Rule 3.09, Canon 3(c)

It is left to the judge’s own discretion whether recusal is proper. According to the SJC,

The matter of recusal is generally left to the discretion of the trial judge . . . and an abuse of that discretion must be shown to reverse a decision not to allow recusal. A judge must consult first his own emotions and conscience to deter- mine whether he possesses the capacity to rule fairly at trial. Then, a judge must also conduct an objective appraisal of whether his impartiality might reasonably be questioned. A judge’s impartiality might reasonably be questioned in circumstances where he has a personal bias or prejudice concerning a party, or where he served as a lawyer in the matter of controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter..

Commonwealth v. Daye, 435 Mass. 463 (2001)

If you believe that you’ve been the victim of judicial misconduct, see my earlier post How to File a Complaint Against a Judge in Massachusetts.