Judge’s complaint against lawyer in other case did not warrant recusal

Tennessee case summary on motions to recuse in divorce.

Judge’s ethics complain againt Wife’s lawyer in unrelated case does not warrant recusal.

Catina Hope Kestner Lusk v. Brandon Burl Lusk

The wife in this Unicoi County, Tennessee, case filed for divorce in 2021. The husband filed a response, but the case was dormant for more than a year. The case was finally set for trial by Judge Suzanne Cook. Around two weeks before trial, the wife submitted a motion to recuse Judge Cook. She also claimed that the judge had lodged a complaint with the Board of Professional Responsibility against her attorney in a separate case. The court noted that this complaint was not related to the case at hand, did not involve any overlapping questions, and did not involve the spouse. The wife then appealed to the Tennessee Court of Appeals.The appeals court first noted that parties do have the right to an impartial judge, but the

evidence must be sufficient to prompt a reasonable person to believe there is a basis for criticizing the judge’s impartiality.

The wife argued that the trial court showed its bias by setting a trial date “because she was not interested in the wife’s life circumstances.” But the appeals court found no evidence that this was the case.The court next turned to the claim that the judge was biased because of the earlier complaint against her lawyer. The appeals court was unable to review the claim due to a lack of evidence. It also held that criticizing the lawyer was not enough to warrant recusal.

For all these reasons,

the Court of Appeal upheld and taxed the appeal costs against the wife.

No. E2024-00226-COA-T10B-CV (Tenn. Ct. App. See original opinion for exact wording. Legal citations have been omitted.

To find out more, visit The Tennessee Divorce Process – How Divorces Work From Start to Finish.