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Tuesday, December 10, 2013

Ind. Decisions - "The mere fact that an attorney practices before a judge, without more, does not establish a basis for a judge to recuse"

In Landmark CSA Corp. v. 322 N. Walnut and Bruce N. Munson, a one-page order remanding jurisdiction to the trial court, dated Dec. 6, 2013 and signed by Chief Justice Dickson, the CJ writes:

The Honorable Linda Ralu Wolf, Judge of the Delaware Circuit Court, pursuant to Ind.Trial Rule 79, certifies this matter here for the appointment of a special judge.

And this Court, being duly advised, now finds that jurisdiction of this matter should be remanded to the Delaware Circuit Court and Judge Wolf. Judge Wolf recused in this case because Defendant Munson is an attorney who regularly practices in her court. The mere fact that an attorney practices before a judge, without more, does not establish a basis for a judge to recuse.

IT IS, THEREFORE, ORDERED that jurisdiction of this matter is remanded to the Delaware Circuit Court and Judge Wolf, provided however that if there is any other proper basis for recusal established, Judge Wolf may resubmit this matter for consideration by the Court.

Posted by Marcia Oddi on December 10, 2013 11:38 AM
Posted to Ind. Sup.Ct. Decisions