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An Act
ENROLLED HOUSE
BILL NO. 4226 By: Kannady of the House
and
Gollihare of the Senate
An Act relating to courts; amending 20 O.S. 2021,
Section 1403, which relates to the disqualification
of judges; permitting parties to request
disqualification of judges under certain
circumstances; allowing for the filing of motions;
directing judges to rule on motions within fifteen
days; allowing for the review of disqualification
motions by the chief judge of the county; directing
presiding judge of administrative district to review
motion for disqualification of chief judge; providing
procedure for rehearing; allowing application for
mandamus; and providing an effective date.
SUBJECT: Courts
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 20 O.S. 2021, Section 1403, is
amended to read as follows:
Section 1403. Any party to any cause pending in a court of
record may in term time or in vacation file a written application
with the clerk of the court, setting forth the grounds or facts upon
which the claim is made that the
A. Upon a good-faith belief that a judge is disqualified, and
request said judge so to certify, after reasonable notice to the
other side, same to be presented to such judge, and upon his failure
so to do within three (3) days before said cause is set for trial,
application may be made to the proper tribunal for mandamus
ENR. H. B. NO. 4226 Page 2
requiring him so to do any party to any cause pending in a court of
record may seek disqualification of the judge by first making a
request to the judge in camera to disqualify himself or herself. If
the request is denied, the requesting party may file a written
motion for disqualification within ten (10) days from the denial
setting forth the grounds upon which the request for
disqualification is made. Provided, no disqualification motion
shall be filed less than ten (10) days before the case is set for
trial. The judge shall rule upon the disqualification motion within
fifteen (15) days from the date it is filed.
B. The denial of a disqualification motion shall be reviewable
by the chief judge of the county in which the cause is pending or,
if the disqualification of the chief judge is sought, to the
presiding judge of the administrative district, upon the filing of
an application for rehearing within five (5) days from the adverse
ruling. Rehearing on the disqualification motion shall be held and
ruled upon within thirty (30) days from the filing of the
application for rehearing.
C. Within five (5) days from an adverse ruling on rehearing,
application may be made to the proper tribunal for mandamus
requiring the judge to disqualify himself or herself.
SECTION 2. This act shall become effective November 1, 2026.
ENR. H. B. NO. 4226 Page 3
Passed the House of Representatives the 11th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 29th day of April, 2026.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________