Knowing Parent of Divorcing Party Not Grounds for TN Judge’s Recusal

Tennessee law case summary on . . . in divorce and family law from the Court of Appeals.

In the Matter of Jacob H.C. – Tennessee Divorce recusal of judge

This was an action to modify child support in Williamson County, Tennessee.  During the proceeding, the father made a motion for recusal.  The father argued that the trial judge should be recused because she was a personal friend and had a business relationship with the mother’s father.  The trial judge denied the motion to recuse herself, and the father brought an interlocutory appeal to the Tennessee Court of Appeals.

In support of his motion, the father offered an affidavit of his wife.  While the wife had been waiting outside the courtroom, the judge had walked by, and the mother’s father addressed the judge by her first name and said “hi.”  After the judge picked up some papers, the mother’s father congratulated the judge on being appointed to the bench and that he was “glad that he could help,” and invited himself to the judge’s swearing in.  According to the wife’s affidavit, the two interacted in such a way that they knew each other personally and were friends.

At the hearing, the judge stated that she did know the mother’s father, had worked with him in the past while she was employed as a prosecutor and he was employed by the police department, but had not seen him for seven or eight years.  She pointed out that she knew many police officers by name, and mentioned that she sometimes addressed the courtroom deputy by his first name.  In a finding, she noted that she was unaware that the person had a daughter, and was unaware that the person was related to a litigant.  The Judge stated that she could be fair and impartial, and denied the motion to be recused.

The Court of Appeals began by noting that litigants are entitled to the neutrality of an impartial court, and that the court must always be perceived as impartial.  But in this case, the only fact alleged was that the judge had known the father of one of the litigants and worked with him in the past.  According to the Court of Appeals, the mere fact that the two had come into contact did not support recusal.  There was no factual support for the argument that the judge should be disqualified.  Therefore, the Court of Appeals affirmed.

No. M2013-00699-COA-10B-CV (Tenn. Ct. App. Mar. 25, 2013).

See original opinion for exact language.  Legal citations omitted.

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