§ 2-190. Grounds upon which a motion for disqualification of a special magistrate or hearing officer shall be based.

(a)

Form of motion for disqualification; filing; grounds upon which motion to be based. A motion for disqualification shall be in writing and sworn to by the party signing the motion under oath. The motion shall be filed at or before the first scheduled hearing of the case before the special magistrate or hearing officer and shall show:

(1)

That the party fears that he will not receive a fair hearing because of the specifically described prejudice or bias of the special magistrate or hearing officer; or

(2)

That the special magistrate or hearing officer before whom the case is pending, or some person related to the special magistrate or hearing officer by consanguinity or affinity within the third degree, is a party thereto or is interested in the result thereof, or that the special magistrate or hearing officer is a material witness for or against one of the parties to the cause.

(b)

Criteria to be considered by special magistrate or hearing officer in ruling on motion. Upon review of the motion for disqualification, if the special magistrate or hearing officer determines that the motion is legally insufficient, he shall immediately deny the motion. However, if after reviewing the motion for disqualification the special magistrate or hearing officer finds the motion to be legally sufficient, he, accepting the allegations contained in the motion as true, shall grant the motion for disqualification and transfer the matter to an alternate special magistrate or hearing officer if either:

(1)

An objective, disinterested lay observer fully informed of the facts underlying the grounds on which disqualification is sought would entertain a significant doubt about the special magistrate or hearing officer's impartiality as it pertains to the party; or

(2)

The alleged facts give rise to a well-founded appearance of impropriety.

(c)

When prior disputes not to be considered. Prior disputes or animosity between the special magistrate or hearing officer and counsel for the party seeking disqualification shall not constitute a basis for disqualification if counsel is retained after the matter is referred to the special magistrate or hearing officer.

(d)

Appeals. An aggrieved party may appeal an order denying a motion for disqualification to the board of county commissioners. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the special magistrate or hearing officer. An appeal shall be filed with the county clerk's office within 30 days of the execution of the order to be appealed.

(Code 1979, § 2-1.2; Ord. No. 26-1998, §§ 1—4)