24-739. Disqualification of judge; grounds.

A judge shall be disqualified from acting as such in the county court, district court, Court of Appeals, or Supreme Court, except by mutual consent of the parties, which mutual consent is in writing and made part of the record, in the following situations:

(1) In any case in which (a) he or she is a party or interested, (b) he or she is related to either party by consanguinity or affinity within the fourth degree, (c) any attorney in any cause pending in the county court or district court is related to the judge in the degree of parent, child, sibling, or in-law or is the copartner of an attorney related to the judge in the degree of parent, child, or sibling, or (d) he or she has been attorney for either party in the action or proceeding; and

(2) When the judge was in copartnership, at the time of his or her election or appointment, in the law business with a practicing attorney in the district in which the judge was elected or appointed, the copartnership continued in the practice of law in the district and occupied the same office or rooms which were occupied by the copartnership at the time of his or her election or appointment, and the judge continues to occupy the same office or rooms with his or her ex-copartner, in all proceedings or litigation in which the ex-copartner is retained or interested, so long as the judge occupies the same office or room with his or her ex-copartner.

Source:Laws 1879, § 37, p. 89; Laws 1907, c. 42, § 1, p. 180; R.S.1913, § 1174; Laws 1915, c. 22, § 1, p. 83; C.S.1922, § 1097; Laws 1923, c. 107, § 1, p. 265; C.S.1929, § 27-315; Laws 1935, c. 56, § 1, p. 186; C.S.Supp.,1941, § 27-315; R.S.1943, § 24-315; Laws 1972, LB 1032, § 119; Laws 1979, LB 80, § 82; R.S.1943, (1985), § 24-315; Laws 1991, LB 732, § 40.

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