Brandon Donahue v. Sarah Ann Donahue

• Court: Louisiana Court of Appeal
• Decided: March 3, 2020
• Docket: 2019CW1375
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

I: l;ifflIBIG) JMjIQ i_ai NO. 2019 CW 1375

VERSUS

SARAH ANN DONAHUE MAR 0 3 2020

In Re: Sarah Ann Donahue, applying for writs, supervisory 22nd Judicial District Court, Parish of St. Tammany, No. 2013- 13390.

BEFORE: WHIPPLE, C. J., GUIDRY AND BURRIS, 1 JJ.

WRIT GRANTED WITH ORDER. The trial court' s ruling denying the Motion to Recuse Trial Judge filed by the defendant, Sarah Donahue, is reversed. The trial judge' s comments that Ms. Donahue will never meet the Bergeron v. Bergeron, 492 So. 2d 1193 La. 1986) standard as well as the trial judge' s other

disparaging comments toward Ms. Donahue reflect bias or

prejudice against Ms. Donahue to such an extent that the trial judge would be unable to conduct impartial proceedings. La. Code Civ. P. art. 151( A)( 4). Accordingly, the trial court

abused its discretion in finding no ground for recusal. The Motion to Recuse Trial Judge is granted, and the trial judge is recused from this matter. This matter is remanded to the trial court for reassignment to a new judge through the random process of assignment.

VGW

JMG

Burris, J., concurs. There is a rather fine line between an indication of bias and statements by a trial judge in a pretrial conference concerning how the judge is leaning and

suggesting the best resolution. See Rodock v. Pommier, 2016- 809 La. App. 3d Cir. 2/ 1/ 17), 225 So. 3d 512, writ denied, 2017- 0631 La. 5/ 1/ 17), 221 So. 3d 70.

DEPUTY CLER OF COURT FOR THE COURT

Judge William J. Burris, retired, serving pro tempore by special appointment or the Louisiana Supreme Court.