State v. Connolly

930 So. 2d 951, 2006 WL 1514363
CourtSupreme Court of Louisiana
DecidedJune 2, 2006
Docket2006-KD-0540
StatusPublished
Cited by20 cases

This text of 930 So. 2d 951 (State v. Connolly) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Connolly, 930 So. 2d 951, 2006 WL 1514363 (La. 2006).

Opinion

930 So.2d 951 (2006)

STATE of Louisiana
v.
John M. CONNOLLY, III.

No. 2006-KD-0540.

Supreme Court of Louisiana.

June 2, 2006.

*952 PER CURIAM.

Relator, John M. Connolly, III, seeks to vacate an order entered sua sponte by the Honorable Charles L. Porter, Judge in the 16th Judicial District Court, Parish of St. Mary, disqualifying himself from further post-conviction proceedings in this capital case. For the reasons that follow, we set aside the order of disqualification, vacate the reallotment of the case to the Honorable Keith Comeaux, and direct Judge Porter to resume presiding over the post-conviction proceedings to their conclusion.

This Court has the benefit of two Per Curiums issued by Judge Porter setting out the reasons why he disqualified himself from the case and confirming in general outline relator's summary of the proceedings below. The state indicted relator in 1992 for first degree murder in violation of La.R.S. 14:30. He was tried by a jury before the Honorable Michael J. McNulty, Jr., found guilty as charged, and sentenced to death in 1995. This Court affirmed his conviction and sentence on appeal. State v. Connolly, 96-1680 (La.7/1/97), 700 So.2d 810. Thereafter, relator initiated post-conviction proceedings in the district court in 1998. By that time, Judge McNulty had retired and the Honorable Edward Leonard, Jr. had replaced him on the bench. However, Judge Leonard had actively participated in the prosecution of relator as an assistant district attorney in the 16th Judicial District. Accordingly, Judge Leonard was recused and the case was realloted to the Honorable Charles L. Porter.

In the course of the next seven years, Judge Porter sat through three changes in post-conviction counsel during which he denied relator's original application for post-conviction relief, allowed relator to file an amended and supplemental application for post-conviction relief, and thereafter conducted "many evidentiary hearings" encompassing "an extensive list of documentary evidence." With proceedings just short of a judgment on the merits of relator's amended and supplemental claims, Judge Porter entered an order on January 19, 2006, recusing himself from the case on grounds that he had been an assistant district attorney in the 16th Judicial District at the time of relator's indictment, although he had left the District Attorney's Office and assumed the bench by the time of relator's trial in 1995.

The case was thereafter randomly realloted to the Honorable Keith Comeaux. On February 13, 2006, relator Connolly appeared at a status hearing before Judge Comeaux and presented the court with a notice of his intent to seek review of the recusal order entered by Judge Porter and with a motion to stay further proceedings in the case pending the outcome on review. Judge Comeaux denied a stay and at a second status conference on February 22, 2006, observed for the record that he had been an assistant district attorney in the 16th Judicial District, not only at the time of relator's indictment but also during relator's trial three years later, and that he had been "heavily involved" in the prosecution of another capital case in the adjoining parish of St. Martin. Nevertheless, Judge Comeaux stated for the record that he does not consider his prior employment grounds to recuse him from the case and that he intends to proceed subject to the orders of this Court. On relator's application to this Court contesting Judge Porter's recusal order and reallotment of the case to Judge Comeaux, we stayed further proceedings below pending review of the merits.

Judge Porter does not indicate when in the course of these extensive post-conviction *953 proceedings he realized that he had been employed as an assistant district attorney at the time of relator's indictment. He acknowledges that "[t]his court had ample time and opportunity to discover the existence of the ground for recusal," but also indicates that "this court focused on its status as a trial judge during the defendant's trial, conviction and sentence." However the problem came to light, Judge Porter has assured this Court that he did not supervise or participate directly in the prosecution of relator and that he does not "harbor any bias or prejudice against the State or Defendant." Judge Porter thus determined to recuse himself "out of an abundance of caution . . . to avoid any appearance of conflict or impropriety in capital litigation" arising out of his prior association with other assistant district attorneys in the office responsible for prosecuting relator. As explained in his Per Curiums, Judge Porter's recusal order rests on the provisions of La.C.Cr.P. art. 671(A)(3) which requires recusal of a judge in any case in which he or she "has been associated with an attorney during the latter's employment in the cause." As a guide in interpreting the scope of art. 671(A)(3), Judge Porter looked to the decision in State v. Williams, 00-0011 (La.App. 4th Cir.5/9/01), 788 So.2d 515, writ denied, 01-1813 (La.5/10/02), 815 So.2d 832, in which the court of appeal rejected any distinction between an association of government attorneys and lawyers in a private law firm for purposes of art. 671(A)(3) and held that the trial judge erred in failing to recuse herself on grounds of her prior employment as an assistant district attorney at the time prosecution was instituted against defendant. Nevertheless, the court of appeal ultimately concluded that the error was harmless in the absence of any evidence the judge had participated in the prosecution or harbored prejudice against defendant. Williams, 00-0011 at 14-15, 788 So.2d at 527-28.

This Court has the plenary authority to grant a written motion by a trial judge to recuse himself for "any reason that it considers sufficient." La.C.Cr.P. art. 672. However, as a general matter, a trial judge may recuse himself from a case only when "a ground for recusation exists." Id.; see Off'l Rev. Cm't (This article "conforms with the generally accepted view that a judge may recuse himself only if there is a valid ground for recusation."); Hinman v. Rogers, 831 F.2d 937, 939 (10th Cir. 1987)("There is as much obligation for a judge not to recuse when there is no occasion for him to do so as there is for him to do so when there is."); In re K.E.M., 89 S.W.3d 814, 819 (Tex.App.2002)(same); see also Louisiana Code of Judicial Conduct, Canon 3(C)(unless required by law or by Supreme Court rule, "a judge should not recuse himself or herself."); ABA Annotated Model Code of Judicial Conduct, Canon 3(B)(1)("A judge shall hear and decide matters assigned to the judge except those in which disqualification is required.").

A trial judge must step down in any case in which he is "biased, prejudiced or personally interested in the cause to such an extent that he would be unable to conduct a fair and impartial trial." La. C.Cr.P. art. 671(A)(1); Off'l Rev. Cm't ("Ground (1) is the most important ground for recusation. . . . Recognition of bias or prejudice as a ground for recusation is in line with the basic purpose of recusation procedure, i.e., to protect the defendant's right to a fair and impartial trial."). A trial judge must also recuse himself even in the absence of a showing of specific bias or prejudice when he "[h]as been employed or consulted as an attorney in the cause, or has been associated with an attorney during the latter's employment in the cause. . . ." La.C.Cr.P. art. 671(A)(3).

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Bluebook (online)
930 So. 2d 951, 2006 WL 1514363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-connolly-la-2006.