Opinion
LAVERY, J.
This is an appeal from a judgment dissolv-
ing the marriage of the parties. The dispositive issue on appeal arises from the trial court’s decision not to recuse himself in this matter. The plaintiff claims that the trial court improperly (1) exercised its discretion and prejudiced him by presiding over the present case when the judge had previously recused himself from all future matters in which the plaintiffs attorney appeared, and (2) admitted hearsay testimony from the defendant. Because our resolution of the first issue is dispositive, it is unnecessary to consider the second issue related to the merits of the dissolution action.
On September 10, 1996, the plaintiffs attorney, Joseph Chiarelli, was at a motions calendar in an unrelated matter. After an exchange with the trial court, Chiarelli orally moved for the judge to recuse himself [656]*656from hearing any case in which Chiarelli was involved.1 The trial court granted Chiarelli’s motion and recused [657]*657himself from all of Chiarelli’s matters “[b]ecause I do not approve of the way you handle yourself.”
On September 30, 1996, the first day of trial in this case, Chiarelli represented the plaintiff before the same court who had recused himself less than three weeks before from hearing any cases involving Chiarelli. At that time, the trial judge informed both parties and counsel that he was hearing this case because he had been instructed to do so by the presiding judge.* 2 Chiarelli reminded the court of the reason he had recused [658]*658himself and that the court was imposing on his client the needless expense of filing an appeal in this matter before it had even started. The trial judge repeated that he was instructed to proceed with the case and that if Chiarelli had a problem to take it up with the presiding judge.* *3 Chiarelli went before the presiding judge and requested that she reassign this case to another judge. She denied his request.4 The trial proceeded and this appeal followed.
The plaintiff claims on appeal that the trial court abused its discretion and prejudiced him by hearing the trial of his case when the trial court previously had [659]*659recused itself from hearing any case in which the plaintiffs counsel of record had an interest. We agree with the plaintiff.
“No more elementary statement concerning the judiciary can be made than that the conduct of the trial judge must be characterized by the highest degree of impartiality. If he departs from this standard, he casts serious reflection upon the system of which he is a part. A judge is not an umpire in a forensic encounter. . . . He is a minister of justice. ... He may, of course, take all reasonable steps necessary for the orderly progress of the trial. ... In whatever he does, however, the trial judge should be cautious and circumspect in his language and conduct. A judge should be scrupulous to refrain from hear ing matters which he feels he cannot approach in the utmost spirit of fairness and to avoid the appearance of prejudice as regards either the parties or the issues before him. . . . Cameron v. Cameron, 187 Conn. 163, 168-69, 444 A.2d 915 (1982). Moreover, disqualification of a trial judge is not dependent upon proof of actual bias. The appearance and the existence of impartiality are both essential elements of a fair trial. Id. Canon 3 (c) (1) of the Code of Judicial Conduct requires a judge to disqualify himself in any proceeding in which judicial impartiality might reasonably be doubted.5 Any conduct that would lead a reasonable [person] knowing all the circumstances to the conclusion that the judge’s impartiality might reasonably be questioned is a basis for the judge’s disqualification.” (Internal quotation marte omitted.) Postemski v. Landon, 9 Conn. App. 320, 322, 518 A.2d 674 (1986).
“It is [the judge’s] responsibility to have the trial conducted in a manner which approaches an ‘atmo[660]*660sphere of perfect impartiality which is so much to be desired in a judicial proceeding.’ State v. Echols, 170 Conn. 11, 13, 364 A.2d 225 (1975), quoting Glasser v. United States, 315 U.S. 60, 82, 62 S. Ct. 457, 86 L. Ed. 680 (1942).” (Internal quotation marks omitted.) Cameron v. Cameron, supra, 187 Conn. 169.
“[E]very litigant is entitled to nothing less than the cold neutrality of an impartial judge. It is the duty of [c]ourts to scrupulously guard this right and to refrain from attempting to exercise jurisdiction in any matter where his qualification to do so is seriously brought in question. The exercise of any other policy tends to discredit the judiciary and shadow the administration of justice. It is not enough for a judge to assert that he is free from prejudice. His mien and the reflex from his court room speak louder than he can declaim on this point. If he fails through these avenues to reflect justice and square dealing, .his usefulness is destroyed. The attitude of the judge and the atmosphere of the court room should indeed be such that no matter what charge is lodged against a litigant or what cause he is called on to litigate, he can approach the bar with every assurance that he is in a forum where the judicial ermine is everything that it typifies—purity and justice. The guaranty of a fair and impartial trial can mean nothing less than this.” Hayslip v. Douglas, 400 So. 2d 553, 557 (Fla. App. 1981), quoting State ex rel. Davis v. Parks, 141 Fla. 516, 519-20, 194 So. 613 (1939).
On the basis of our review of the record, we conclude that a reasonable person who is aware of all the circumstances surrounding this judicial proceeding would question the trial judge’s impartiality in hearing a case in which Chiarelli represented one of the parties. On the first day of trial, the first words from the trial judge were that he had been instructed to hear this case. The subsequent discussion concerning the trial judge’s recusal on matters involving Chiarelli, as well as the [661]*661discussion on the record with the presiding judge, all created an atmosphere in which the plaintiff could reasonably believe that he was unable to receive a fair trial before the trial judge. Further, the trial judge’s decision to recuse himself from all matters involving Chiarelli was made on September 10, 1996. Three weeks later, the judge sat before the plaintiff, stated that he had been instructed to hear the plaintiffs case, and that he “[does] not allow any feelings that [he] may have for any litigant or for any attorney to affect [his] judicial rulings or decisions, and you arc going to have to accept that.” This can hardly be said to have assuaged the plaintiffs concerns that he is now facing a judge who dislikes his attorney and, therefore, is not impartial.
“Though a client and his counsel are separate entities, they share a common bond forged by the attorney-client relationship and tempered in the rigors of litigation.
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Opinion
LAVERY, J.
This is an appeal from a judgment dissolv-
ing the marriage of the parties. The dispositive issue on appeal arises from the trial court’s decision not to recuse himself in this matter. The plaintiff claims that the trial court improperly (1) exercised its discretion and prejudiced him by presiding over the present case when the judge had previously recused himself from all future matters in which the plaintiffs attorney appeared, and (2) admitted hearsay testimony from the defendant. Because our resolution of the first issue is dispositive, it is unnecessary to consider the second issue related to the merits of the dissolution action.
On September 10, 1996, the plaintiffs attorney, Joseph Chiarelli, was at a motions calendar in an unrelated matter. After an exchange with the trial court, Chiarelli orally moved for the judge to recuse himself [656]*656from hearing any case in which Chiarelli was involved.1 The trial court granted Chiarelli’s motion and recused [657]*657himself from all of Chiarelli’s matters “[b]ecause I do not approve of the way you handle yourself.”
On September 30, 1996, the first day of trial in this case, Chiarelli represented the plaintiff before the same court who had recused himself less than three weeks before from hearing any cases involving Chiarelli. At that time, the trial judge informed both parties and counsel that he was hearing this case because he had been instructed to do so by the presiding judge.* 2 Chiarelli reminded the court of the reason he had recused [658]*658himself and that the court was imposing on his client the needless expense of filing an appeal in this matter before it had even started. The trial judge repeated that he was instructed to proceed with the case and that if Chiarelli had a problem to take it up with the presiding judge.* *3 Chiarelli went before the presiding judge and requested that she reassign this case to another judge. She denied his request.4 The trial proceeded and this appeal followed.
The plaintiff claims on appeal that the trial court abused its discretion and prejudiced him by hearing the trial of his case when the trial court previously had [659]*659recused itself from hearing any case in which the plaintiffs counsel of record had an interest. We agree with the plaintiff.
“No more elementary statement concerning the judiciary can be made than that the conduct of the trial judge must be characterized by the highest degree of impartiality. If he departs from this standard, he casts serious reflection upon the system of which he is a part. A judge is not an umpire in a forensic encounter. . . . He is a minister of justice. ... He may, of course, take all reasonable steps necessary for the orderly progress of the trial. ... In whatever he does, however, the trial judge should be cautious and circumspect in his language and conduct. A judge should be scrupulous to refrain from hear ing matters which he feels he cannot approach in the utmost spirit of fairness and to avoid the appearance of prejudice as regards either the parties or the issues before him. . . . Cameron v. Cameron, 187 Conn. 163, 168-69, 444 A.2d 915 (1982). Moreover, disqualification of a trial judge is not dependent upon proof of actual bias. The appearance and the existence of impartiality are both essential elements of a fair trial. Id. Canon 3 (c) (1) of the Code of Judicial Conduct requires a judge to disqualify himself in any proceeding in which judicial impartiality might reasonably be doubted.5 Any conduct that would lead a reasonable [person] knowing all the circumstances to the conclusion that the judge’s impartiality might reasonably be questioned is a basis for the judge’s disqualification.” (Internal quotation marte omitted.) Postemski v. Landon, 9 Conn. App. 320, 322, 518 A.2d 674 (1986).
“It is [the judge’s] responsibility to have the trial conducted in a manner which approaches an ‘atmo[660]*660sphere of perfect impartiality which is so much to be desired in a judicial proceeding.’ State v. Echols, 170 Conn. 11, 13, 364 A.2d 225 (1975), quoting Glasser v. United States, 315 U.S. 60, 82, 62 S. Ct. 457, 86 L. Ed. 680 (1942).” (Internal quotation marks omitted.) Cameron v. Cameron, supra, 187 Conn. 169.
“[E]very litigant is entitled to nothing less than the cold neutrality of an impartial judge. It is the duty of [c]ourts to scrupulously guard this right and to refrain from attempting to exercise jurisdiction in any matter where his qualification to do so is seriously brought in question. The exercise of any other policy tends to discredit the judiciary and shadow the administration of justice. It is not enough for a judge to assert that he is free from prejudice. His mien and the reflex from his court room speak louder than he can declaim on this point. If he fails through these avenues to reflect justice and square dealing, .his usefulness is destroyed. The attitude of the judge and the atmosphere of the court room should indeed be such that no matter what charge is lodged against a litigant or what cause he is called on to litigate, he can approach the bar with every assurance that he is in a forum where the judicial ermine is everything that it typifies—purity and justice. The guaranty of a fair and impartial trial can mean nothing less than this.” Hayslip v. Douglas, 400 So. 2d 553, 557 (Fla. App. 1981), quoting State ex rel. Davis v. Parks, 141 Fla. 516, 519-20, 194 So. 613 (1939).
On the basis of our review of the record, we conclude that a reasonable person who is aware of all the circumstances surrounding this judicial proceeding would question the trial judge’s impartiality in hearing a case in which Chiarelli represented one of the parties. On the first day of trial, the first words from the trial judge were that he had been instructed to hear this case. The subsequent discussion concerning the trial judge’s recusal on matters involving Chiarelli, as well as the [661]*661discussion on the record with the presiding judge, all created an atmosphere in which the plaintiff could reasonably believe that he was unable to receive a fair trial before the trial judge. Further, the trial judge’s decision to recuse himself from all matters involving Chiarelli was made on September 10, 1996. Three weeks later, the judge sat before the plaintiff, stated that he had been instructed to hear the plaintiffs case, and that he “[does] not allow any feelings that [he] may have for any litigant or for any attorney to affect [his] judicial rulings or decisions, and you arc going to have to accept that.” This can hardly be said to have assuaged the plaintiffs concerns that he is now facing a judge who dislikes his attorney and, therefore, is not impartial.
“Though a client and his counsel are separate entities, they share a common bond forged by the attorney-client relationship and tempered in the rigors of litigation. Most clients find the courtroom to be an unfamiliar and, in some instances, uncomfortable atmosphere and so it is not unusual that they entrust themselves into their counsel’s care and view their interests as one. Thus, it is understandable that a client would become concerned and fearful upon learning that the trial judge has an antipathy toward his lawyer and has expressed the opinion that [he does not approve of the way the client’s counsel handles himself].” Hayslip v. Douglas, supra, 400 So. 2d 557.
When the trial judge decided to recuse himself from all future; matters involving Chiarelli, this should have ended any concern for either Chiarelli or the trial judge over his hearing of cases involving Chiarelli. It was inappropriate for the presiding judge to instruct the trial judge to hear this case. The presiding judge does not have the power to tell a trial judge when he or she may or may not recuse himself or herself. The matter of a judge’s recusal is in the reasonable discretion of that judge and is not to be overruled by a presiding [662]*662judge. The decision to recuse oneself is an intrinsic part of the independence of a judge. Any attempt to instruct or order a judge to hear a matter after recusal violates the independence of judges individually and the judiciary as a whole.
The judgment is reversed and the case is remanded for a new trial.
In this opinion the other judges concurred.