C.Who May Raise the Issue of Disqualification
“A party may raise the issue of a judge’s disqualification by motion or the judge may raise it.” MCR 2.003(B).
A trial judge is required to raise the issue of disqualification sua sponte under certain circumstances. People v Gibson, 90 Mich App 792, 796 (1979). For example, “reassignment for resentencing is appropriate to preserve the interests of justice and fairness where it would be unreasonable to expect the trial judge to be able to put out of his mind his previously expressed views and findings without substantial difficulty.” People v Weathington, 183 Mich App 360, 362 (1990) (quotation marks and citation omitted).