Judge not required to recuse himself despite Litigant’s appeal
Tennessee case summary on judicial recusal in divorce.
Litigant who didn’t like judge’s attitude was not entitled to recusal
Benjamin McCurry v. Agnes McCurry
Agnes McCurry was a party to two cases before Washington County, Tennessee, Judge D. Kelly Thomas, Jr., an order for protection case and a case in which she had been found in criminal contempt. She believed Judge Thomas was biased and unable to be neutral. Judge Kelly denied both motions, as he had previously denied motions filed by her. In denying the motions, the judge denied any bias, and denied knowledge of the case, other than the record before him.
Dissatisfied by this turn of events, she then appealed to the Tennessee Court of Appeals. In this case, the appellate court noted that she had provided affidavits to support her motion. However, the court found that they contained little evidence to support her allegations. The appeals court pointed out that if this were the rule, parties could force a judge’s recusal at any time, simply by filing a lawsuit in another court. It pointed out that if this were the rule, parties could force recusal of a judge at any time, simply by filing a lawsuit in another court.
She also argued that she didn’t like the judge’s “attitude,” but pointed to no evidence in support of this allegation.
Finally, she argued that the judge hadn’t let her “give evidence,” but the appeals court pointed out that mere adverse rulings were insufficient to warrant recusal.
For these reasons, the Court of Appeals affirmed, and sent the case back to Judge Thomas’s court.
