When It Comes to Recusal Motions, Appeals Court Has Message for Lawyers and Judges Alike: Follow the Rules | Law.com Page Printed From:
https://www.law.com/2023/02/09/when-it-comes-to-recusal-motions-appeals-court-has-message-for-lawyers-and-judges-alike-follow-the-rules/
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Court “will not permit litigants to refrain from asserting known grounds for disqualification in order ‘to experiment with the court.'”
February 09, 2023 at 01:28 PM
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The Tennessee Court of Appeals denied two law firms’ attempts to recuse a judge from four probate cases, saying the move was “‘a manipulation of the impartiality issue to gain procedural advantage.’” But the appellate court also directed the judge to respond to a timely filed recusal motion in an interpleader action and vacated several of his orders, finding that he failed to follow procedural rules as well.
The Tennessee Court of Appeals denied the motion, while vacating Shelby County Probate Judge Joseph Townsend’s orders following a timely interpleader action filed by the firms, finding he wrongly continued making orders in the case afterward.
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