Rule 25.7.Voluntary Recusal
Rule 25. RECUSAL · Last amended 1991 · Last verified July 17, 2026
Full Text of Rule 25.7
Plain-English Summary
Not every recusal starts with a contested motion and a fight over an affidavit. Rule 25.7 covers the judge who decides, whether prompted by a party’s motion or on the judge’s own initiative, to step aside from a case. That decision routes the case to a new judge picked through the same selection procedure Rule 25.4 lays out for contested disqualification motions.
The rule protects a judge who recuses voluntarily from any inference about what that recusal means. Stepping aside is not treated as an admission that the allegations in a party’s motion were true, and it is not treated as a denial of them either — it removes the judge from the case without resolving the underlying dispute one way or the other.
Frequently Asked Questions
Can a judge recuse from a case without a party filing a motion first?
Yes. A judge may voluntarily disqualify either on the motion of one of the parties or on the judge’s own motion.
Who is assigned to a case after a judge voluntarily recuses?
Another judge, selected by the procedure set forth in Rule 25.4.
Does a voluntary recusal mean the judge is admitting the allegations in a party’s motion were true?
No. A voluntary recusal shall not be construed as either an admission or denial of the allegations set out in the motion.
If a judge recuses voluntarily, does that resolve whether the allegations against the judge were accurate?
No, the recusal itself does not decide that question one way or the other.
Does Rule 25.7 require the same affidavit and timing requirements that apply to a contested recusal motion?
No, the rule addresses voluntary recusal separately and directs that a replacement judge be selected under Rule 25.4’s procedure.
Amendment History
Amended effective January 31, 1991.