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Art. 158.Recusal of Judge of Court of Appeal

Title I. Courts · Chapter 3. Recusal of Judges · Last amended 2022 · Last verified July 30, 2026

In one sentenceArticle 158 governs recusal of a court of appeal judge — a written motion stating a ground under Article 151, the judge's choice to recuse or have an ad hoc judge appointed by the supreme court hear the motion, and random reassignment of another judge from that court to the panel once recusal occurs.

Full Text of Art. 158

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A. A party desiring to recuse a judge of a court of appeal shall file a written motion therefor assigning the ground for recusal under Article151. When a written motion is filed to recuse a judge of a court of appeal, the judge may recuse himself or the motion shall be heard by an ad hoc judge appointed by the supreme court. B. When a judge of a court of appeal recuses himself or is recused, the court shall randomly allot another of its judges to sit on the panel in place of the recused judge. C. If the motion to recuse fails to set forth a ground for recusal under Article151, the judge may deny the motion without the appointment of an ad hoc judge or a hearing but shall provide written reasons for the denial.

Amendment History

Amended by Acts 2022, No. 38, §1, eff. 8/1/2022.

Plain-English Summary

Article 158 gives Louisiana's courts of appeal the same kind of structured recusal procedure the district courts and supreme court have. A party seeking to recuse an appellate judge files a written motion stating a ground for recusal under Article 151. The judge can recuse voluntarily; otherwise, the motion goes to an ad hoc judge appointed by the supreme court, rather than to the appellate judge's own colleagues.

Once the judge recuses, whether voluntarily or by ruling on the motion, the court doesn't go looking outside its own ranks. It randomly allots another of its own judges to fill the panel seat the recused judge vacated. As with the district court procedure, a motion that fails to state a ground for recusal under Article 151 can be denied without a hearing or an ad hoc appointment, as long as the judge explains the denial in writing.

This version of the article took its current number in a 2021 renumbering of the recusal chapter; the substance carries forward Louisiana's long-standing approach to recusing appellate judges.

Frequently Asked Questions

Who decides a motion to recuse a court of appeal judge?

The judge named in the motion can recuse voluntarily. Otherwise, an ad hoc judge appointed by the supreme court hears the motion, rather than the judge's own colleagues on that court of appeal.

Who takes the place of a recused court of appeal judge on a panel?

The court of appeal randomly allots another of its own judges to sit on the panel in place of the recused judge, under Article 158.

Can a court of appeal deny a recusal motion without a hearing?

Yes, if the motion doesn't set out a ground for recusal under Article 151, the judge can deny it without an ad hoc judge or a hearing, but must give written reasons for the denial.

Was Article 158 always about recusing a court of appeal judge?

The current numbering dates from a 2021 reorganization of the recusal chapter, which moved this provision to Article 158, but its substance has long governed how appellate recusal motions are handled.

Source & verification. Article text is reproduced verbatim from the vLex (Louisiana Code of Civil Procedure, 2026 Edition). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source
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