TN Court Can’t Grant Judge Recusal Appeal When Reasons Not Cited

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

Valerie Ann Tipton v. Joel David Constance – Tennessee judge recusal process

The husband and wife were divorced in Rhea County, Tennessee, in 2008, and were involved in post-divorce contempt proceedings in 2012.  At a hearing in December 2013, the husband filed a motion to recuse the trial judge, James W. McKenzie.  Judge McKenzie denied that motion and the husband brought an appeal to the Tennessee Court of Appeals.  Such appeals are handled in an expedited manner, and the Court of Appeals can elect to proceed without any further answer or briefing by the other party.  In this case, the Court of Appeals decided to hear the matter summarily.

Unfortunately for the husband, he had neglected to include a copy of the original recusal motion that had been presented to Judge McKenzie.  The rules of the Supreme Court of Tennessee specify that the appeal must contain the grounds for the recusal motion.  And without the original motion in the record, the appeals court found that it was impossible to grant the motion.

The Court of Appeals went on to warn lawyers that in an interlocutory appeal of this sort, there must be “meticulous compliance” with the rules.

For that reason, the Court of Appeals affirmed Judge McKenzie’s ruling and remanded the case.  It also taxed the husband with the costs of the appeal..

No. E2014-00143-COA-T10B-CV (Tenn. Ct. App. Feb 14, 2014).

See original opinion for exact language.  Legal citations omitted.