In Re: Dulske, et al.
| Docket Number: | 2003-M-02784 Linked Case(s): 2003-M-02784 |
|
| Supreme Court: | Opinion Link Opinion Date: 03-24-2005 Opinion Author: Dickinson, J. Holding: Petitions for Writ of Mandamus seeking recusal of Circuit Judge Tomie T. Green in each of the seven pending cases cited herein is granted. Request for Judge Green's recusal in all future cases in which Stuart Robinson, Jr., appears as counsel is denied. |
|
| Additional Case Information: |
Topic: Recusal of judge Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Easley and Graves, JJ., would deny |
|
| Trial Court: |
Date of Trial Judgment: 12-15-2003 Appealed from: Hinds County Circuit Court Judge: Tomie Green Case Number: 251-01-105-CIV |
|
| Consolidated: Consolidated with 2003-M-02777-SCT In Re: Michael Dulske, M.D., Capitol Orthopaedic Clinic, P.A, and Stuart Robinson, Jr., Individually, Petitioners; Hinds Circuit Court 1st District; LC Case #: 251-03-407-CIV; Ruling Date: 12/15/2003; Ruling Judge: Tomie Green; Consolidated with 2003-M-02790 In Re: Kendall Blake, M.D., Jackson Bone and Joint Clinic, L.L.P. and Stuart Robinson, Jr.; Hinds Circuit Court 1st District; LC Case #: 251-97-1003CIV; Ruling Date: 12/15/2003; Ruling Judge: Tomie Green; Consolidated with 2003-M-02781 In Re: State of Mississippi, Mississippi Bureau of Bldg. & Real Property Mgt., Mississippi Dept. of Finance & Administration and Stuart Robinson, Jr.; Hinds Circuit Court 1st District; LC Case #: 251-02-541CIV; Ruling Date: 12/15/2003; Ruling Judge: Tomie Green; Consolidated with 2003-M-02783 In Re: National General Insurance Co., and Stuart Robinson, Jr., Individually; Hinds Circuit Court 1st District; LC Case #: 251-00-520-CIV; Ruling Date: 12/15/2003; Ruling Judge: Tomie Green; Consolidated with 2003-M-02786 In Re: James Marx, F.N.P. and Stuart Robinson, Jr., Individually, Petitioners; Hinds Circuit Court 1st District; LC Case #: 251-01-001311-CIV; Ruling Date: 12/15/2003; Ruling Judge: Tomie Green; Consolidated with 2003-M-02787 In Re: James D. Polk, M.D., James Marx, Nurse Practitioner, Baptist/Richland Primary Care Ctr., P.A. and Stuart Robinson, Jr.; Hinds Circuit Court 1st District; LC Case #: 251-02-1764CIV; Ruling Date: 12/15/2003; Ruling Judge: Tomie Green | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
|
| Topic: | Recusal of judge |
| Summary of the Facts: | Attorney Stuart Robinson, Jr., and his clients filed a petition seeking recusal of Circuit Judge Tomie Green in seven pending cases and all future cases in which Robinson appears as counsel. |
| Summary of Opinion Analysis: | A trial judge has the duty to control the courtroom, using reasonable measures to efficiently move matters along and keep over zealous counsel in check. However, the professional obligations of dignity, respect and decorum is not limited to counsel. Canon 1 of the Code of Judicial Conduct states that a judge should participate in establishing, maintaining, and enforcing high standards of conduct, and shall personally observe those standards so that the integrity and independence of the judiciary will be preserved. Recusal of a judge is required if a personal tension between a lawyer and judge would lead a reasonable person to question whether the judge would have a personal bias or prejudice concerning the lawyer’s client. The record clearly demonstrates that Judge Green entertained a high degree of hostility toward Robinson and that her conduct during an exchange regarding an expert witness’s availability to testify was not an isolated loss of temper. Later, in proceedings regarding the misplaced exhibits and again when Robinson made a routine request for a court reporter, Judge Green’s animosity continued and appeared to increase. Nothing in the record, in the briefs of the plaintiff, or in Judge Green’s responses indicate any actions on the part of either Robinson or his co-counsel suggesting that her actions were responsive to improper conduct on their part. When invited to explain the circumstances, Judge Green made conclusory allegations, including those of racial and gender prejudice, which are totally without support in the record. Her continued hostility even beyond the trial to post-trial efforts to obtain an accurate record is such as to cause a reasonable person aware of all the circumstances to question whether Robinson’s clients can get a fair hearing in her court. The petitions are granted to the extent that they seek the recusal of Circuit Judge Tomie Green in each of the seven pending cases in which Stuart Robinson, Jr. is attorney of record and Judge Green is recused in these seven cases. The petitions are denied to the extent that they request Judge Green’s recusal in all future cases in which Robinson appears as counsel. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
