Matter of Nakell

HEDRICK, Chief Judge.

Nakell first contends Judge Lake erred in denying his motion for the judge to recuse himself from the hearing on 16 November 1989. Nakell argues that “North Carolina statutory and case law establish that a judge must disqualify himself upon motion of a party if he is unable to render an impartial decision because of prejudice or a reasonable suspicion of his impartiality.”

G.S. 15A-1223(b) in pertinent part provides:

A judge on motion of the State or the defendant, must disqualify himself from presiding over a criminal trial or other criminal proceeding if he is: (1)…