Okla. Stat. tit. 20, § 20-1401
This is the official text of Okla. Stat. tit. 20, § 20-1401, part of Oklahoma’s Stat. tit. 20, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 20,." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Disqualification of trial judge
Official statutory text
A. No judge of any court shall sit in any cause or proceeding
in which he may be interested, or in the result of which he may be
interested, or when he is related to any party to said cause within
the fourth degree of consanguinity or affinity, or in which he has
been of counsel for either side, or in which is called in question
the validity of any judgment or proceeding in which he was of
counsel or interested, or the validity of any instrument or paper
prepared or signed by him as counsel or attorney, without the
consent of the parties to said action entered of record.
B. No judge of any court shall sit in any contested civil cause
or proceeding if he is related to any attorney of record in such
cause within the third degree of consanguinity or affinity without
the consent of the parties in such cause or proceeding who have
entered a formal appearance of record. This disqualification shall
not apply when an appearance is made by a party for the purpose of
disclaiming any interest in such action or proceeding or waiving his
right to appear and contest such cause or proceeding.
C. No judge of any court shall sit in the trial or hearing of
any criminal cause or proceeding if he is related to any attorney of
record in such cause within the third degree of consanguinity or
affinity without the consent of the parties who have made an
appearance in such cause or proceeding entered of record. This
disqualification shall not apply to arraignments, the fixing of
bail, or the acceptance of pleas.
D. "Attorney of record" as used in this section shall include
not only the attorney actually appearing in such action but any
other attorney who is an associate or a member of a partnership or
professional corporation with such appearing attorney. However,
"attorney of record" as the term relates to the Attorney General of
Oklahoma Statutes - Title 20. Courts Page 476
the State of Oklahoma, agency attorneys authorized by law, district
attorney offices, municipal attorney offices and public defender
offices shall mean only that attorney actually appearing in the
cause or proceeding.
E. The disqualifications provided for in this section shall not
exclude the disqualifications at common law.
R.L. 1910, § 5812. Renumbered from Title 22, § 571 by Laws 1969, c.
119, § 1, emerg. eff. April 3, 1969. Amended by Laws 1970, c. 295,
§ 1, eff. Jan. 1, 1971; Laws 1984, c. 184, § 1, emerg. eff. May 14,
1984; Laws 1989, c.371, § 12, operative July 1, 1989.
in which he may be interested, or in the result of which he may be
interested, or when he is related to any party to said cause within
the fourth degree of consanguinity or affinity, or in which he has
been of counsel for either side, or in which is called in question
the validity of any judgment or proceeding in which he was of
counsel or interested, or the validity of any instrument or paper
prepared or signed by him as counsel or attorney, without the
consent of the parties to said action entered of record.
B. No judge of any court shall sit in any contested civil cause
or proceeding if he is related to any attorney of record in such
cause within the third degree of consanguinity or affinity without
the consent of the parties in such cause or proceeding who have
entered a formal appearance of record. This disqualification shall
not apply when an appearance is made by a party for the purpose of
disclaiming any interest in such action or proceeding or waiving his
right to appear and contest such cause or proceeding.
C. No judge of any court shall sit in the trial or hearing of
any criminal cause or proceeding if he is related to any attorney of
record in such cause within the third degree of consanguinity or
affinity without the consent of the parties who have made an
appearance in such cause or proceeding entered of record. This
disqualification shall not apply to arraignments, the fixing of
bail, or the acceptance of pleas.
D. "Attorney of record" as used in this section shall include
not only the attorney actually appearing in such action but any
other attorney who is an associate or a member of a partnership or
professional corporation with such appearing attorney. However,
"attorney of record" as the term relates to the Attorney General of
Oklahoma Statutes - Title 20. Courts Page 476
the State of Oklahoma, agency attorneys authorized by law, district
attorney offices, municipal attorney offices and public defender
offices shall mean only that attorney actually appearing in the
cause or proceeding.
E. The disqualifications provided for in this section shall not
exclude the disqualifications at common law.
R.L. 1910, § 5812. Renumbered from Title 22, § 571 by Laws 1969, c.
119, § 1, emerg. eff. April 3, 1969. Amended by Laws 1970, c. 295,
§ 1, eff. Jan. 1, 1971; Laws 1984, c. 184, § 1, emerg. eff. May 14,
1984; Laws 1989, c.371, § 12, operative July 1, 1989.
Status: in_force · Read it on the official government site
Need a lawyer in Oklahoma?
Find a Oklahoma lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.