If by reason of death or disability the judge before whom a trial has commenced is unable to proceed with the trial, or posttrial proceedings, another judge, certifying that he or she has become familiar with the case, may proceed with the disposition of the case, except in death penalty sentencing proceedings. In death penalty sentencing proceedings, a successor judge who did not hear the evidence during the penalty phase of the trial shall conduct a new sentencing proceeding before a new jury.
RULE 3.231. SUBSTITUTION OF JUDGE
- If a judge becomes unable to continue with a trial due to death or disability, another judge may take over.
- The successor judge must certify on the record that they have become familiar with the case before proceeding.
- In a death penalty case, a successor judge who did not hear the penalty phase evidence cannot impose a sentence; a new sentencing proceeding before a new jury is required.
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1972 Adoption. New. Follows ABA Standard 4.3, Trial by Jury. Inserted to provide for substitution of trial judge in specified instances.