Judicial Recusal in Tennessee Family Law

Judicial Recusal in Tennessee Family Law

Tennessee Supreme Court Rule 10B (2.01) states in part, as follows:

If the trial court judge enters an order denying a motion for the judge’s disqualification or recusal, or for determination of constitutional or statutory incompetence, the trial court’s ruling either can be appealed in an accelerated interlocutory appeal as of right, as provided in this section 2, or the ruling can be raised as an issue in an appeal as of right, see Tenn. R. App. P. 3, following the entry of the trial court’s judgment.

In Miller v. Durand, No. E2024-00889-COA-T10B-CV (Tenn. Ct. App. July 7, 2024), the Court of Appeals stated in part, as follows:

Rule 2.11(A) of the Code of Judicial Conduct as set forth in Rule 10 of the Rules of the Supreme Court of Tennessee requires a judge to recuse himself or herself “in any proceeding in which the judge’s impartiality might reasonably be questioned.” Recusal is required, even if a judge subjectively believes he or she can be fair and impartial, whenever “‘the judge’s impartiality might be reasonably questioned because the appearance of bias is as injurious to the integrity of the judicial system as actual bias.’” . . .

“The party seeking recusal bears the burden of proof.” We will not consider additional allegations of bias raised on appeal when not included in the initial motion for recusal filed in the trial court.  (Citations omitted.)

Since Supreme Court Rule 10B was changed and allowed accelerated interlocutory appeal, the number of successful divorcing spouses seeking overturning trial courts’ denial of recusal is low.  To view relevant case law summaries, check out our Tennessee Family Law Blog and its category “Judicial Recusal,” which is under “Divorce Process.”