Special judge by agreement of parties when judge disqualified.
SEC. 378. Special judge by agreement of parties when judge disqualified. — If the judge of a Court of First Instance should be disqualified, as in this Code provided, to sit in any action, the parties may, in writing, to be filed with the clerk, select some member of the bar as a special judge, and thereupon the judge shall retire from the bench for the time, after directing an entry of the substitution upon the docket, and the special judge so selected shall take his place and hear and determine the action, and make all necessary orders, decrees, and judgments therein, as if he had been the regular judge; and the records, minutes, and proceedings shall be, and appear in all respects, as if the cause had been heard and determined before the judge.
Proceedings when judge disqualified and special judge not agreed upon.
SEC. 379. Proceedings when judge disqualified and special judge not agreed upon. — Whenever a judge in a Court of First Instance is disqualified, under the provisions of this Code, to sit in any action, and the parties do not select a special judge as provided in the preceding section, the judge shall immediately notify the Chief Justice of the Supreme Court of his disqualification, and of the fact that no special judge has been agreed upon, and thereupon the judges of the Supreme Court shall designate one of their own number, or some other judge of a Court of First Instance, to hold such a term of court, or such part thereof as may be necessary where such action may be pending, and to preside at the trial thereof, and the judge so designated shall in all respects have the same power in the action as though he had been the regular judge whose duty it was to preside in the court. But if the judges of the Supreme Court shall certify to the Chief Executive that it is inconvenient to assign any other judge to hold a term, or to try the action, the Chief Executive shall thereupon commission some person learned in the law to attend and hold said court, with the same power as though he had been the regular judge thereof. Any special judge ordered under the provisions of this section, or the preceding one, shall receive a compensation of twenty dollars, United States money, per day, and necessary expenses for the time actually employed.
Proceeding where judge is physically disabled.
SEC. 380. Proceeding where judge is physically disabled. — When a judge of a Court of First Instance is unable, from sickness or other physical disability, to attend and hold any court, at the time and place required by law, temporary provision for a judge to hold the term of court shall be made, as provided in the last two preceding sections.
