When Should Judges Recuse Themselves in North Carolina Family Law Cases?

The judicial system relies on a judge’s ability to render an impartial and fair judgment. When that isn’t possible, judges should remove themselves from the case. This is known as recusal. Typically, recusal is based on the Code of Judicial Conduct and scenarios in which the judge may have questionable impartiality.

The Code includes the following examples:

• The judge has a personal bias or prejudice
• The judge has personal knowledge of facts of the case that are disputed
• The judge or judge’s spouse has a financial interest in the matter
• The judge has a personal relationship with a party to the case

This list is not exhaustive, which was shown in the case of Hudson v. Hudson when the judge recused herself for a reason other than those listed in the Code.

Hudson v. Hudson

Mother and Father in this case had been married and shared three children. In August 2019, the trial judge entered an order for post-separation support and temporary child support. In September 2021, the trial court heard Mother’s claims for permanent child support and alimony. Two months later, the trial judge emailed counsel for both parties a summary of her ruling, directing Father’s counsel to prepare the order. However, before the order could be written and signed, the judge entered an order of recusal.

Her recusal was not based on a conflict of interest or any issue in the Code of Judicial Conduct but rather on Father’s belief that the judge was biased toward Mother and prejudiced against Father. After recusing herself, the judge then signed and filed the support and alimony order. Mother appealed, asserting that the trial judge did not have the authority to enter the order after her recusal.

The Court of Appeals determined that the Code of Judicial Conduct is a minimum standard and appreciated the trial judge’s choice to recuse herself. The appellate court also noted that an order is not effective until it is written, signed, and filed, and since the judge recused herself before the order was entered, she did not have the authority to enter a judgment in the case. Consequently, the decision was reversed, and the case was remanded to the trial court.

In North Carolina, a substitute judge cannot enter a recused judge’s order, and they must preside over a new hearing. This means that, since the Court of Appeals remanded the case to the trial court, a new hearing was necessary in order for a judgment to be entered.