Toulman D. Boatwright, Jr. v. Grace Bonds Boatwright

184 So. 3d 952, 2015 Miss. App. LEXIS 351, 2015 WL 3863392
CourtCourt of Appeals of Mississippi
DecidedJune 23, 2015
Docket2014-CA-00060-COA
StatusPublished
Cited by4 cases

This text of 184 So. 3d 952 (Toulman D. Boatwright, Jr. v. Grace Bonds Boatwright) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Toulman D. Boatwright, Jr. v. Grace Bonds Boatwright, 184 So. 3d 952, 2015 Miss. App. LEXIS 351, 2015 WL 3863392 (Mich. Ct. App. 2015).

Opinions

McGEHEE, S.J.,

for the Court:1

¶ 1. This domestic case was originally heard by Chancellor Edwin Roberts, who is now deceased: While presiding over the Boatwrights’ case, Judge Roberts accepted an invitation from Grace Boatwright’s attorney to participate in a turkey hunt. On the day of a scheduled hearing, Toulman Boatwright’s attorney inquired about the [955]*955hunt; Judge Roberts then continued the case. Thereafter Judge Roberts entered two orders relating to matters heard by him prior to the turkey hunt. Then Judge Roberts recused on his own motion. Toul-man requested a new trial based on his allegation of bias by Judge Roberts;» or, in the alternative, he requested an order altering or amending certain relief granted by Judge Roberts. Ultimately, Toulman’s motion was heard by a special judge, who granted Toulman some relief but denied his motion for a new trial and all other relief. We affirm the trial court’s judgment.

¶2. This Court recognizes the ultimate importance of the integrity of the judiciary. Judicial integrity is vitally important to the bench, the bar, our society as a whole, and especially to litigants. To that end; judges must always conduct themselves in ways that promote the integrity and independence of the judieiary. The high standards of judicial integrity and independence do not operate as a complete bar to a judge’s acceptance of social invitations. Timing is critical. Clearly a judge may not accept an invitation of any kind that might call into question his independence or integrity in any matter over which the judge is presiding. An invitation to turkey hunt, or any other similar social invitation,. extended by one .of the attorneys who is then, appearing in a contested matter, is one that .must be refused. Judge Roberts’s voluntary recusal on, his own motion reflects his acknowledgment of this principle. The ideal course for a sitting judge is to avoid the potential conflict in the first place. There are occasions when a judge sees a conflict in retrospect, then recuses. Judge Roberts recused; nothing more, was required.

¶3. Judge Roberts’s entry of two orders after the turkey hunt and prior to recusal was not error. Judge Roberts’s entry of these two orders, addressing issues heard prior to the turkey hunt, was not only- proper, it was required as a part of the completion of his duties in this matter.

FACTS AND PROCEDURAL HISTORY

¶ 4. This matter is before the Court a second time. Toulman’s motion for a new trial was initially denied by Judge Glenn Alder son, who was appointed after Judge Roberts’s, recusal. Toulman appealed. Boatwright v. Boatwright, 155 So.3d 777 (Miss.Ct.App.2011)., On, appeal, ,this Court reversed and remanded because, Judge Alderson admittedly had not reviewed the record, but simply deflected the matter to the appellate court to. make a decision. Id. at 779-80 (¶ 13). The Court directed the chancellor to review the record and render a decision. Id On remand, Judge Aider-son immediately recused. Judge Robert L. Lancaster was appointed. He reviewed the record and denied Toulman’s motion. Toulman now appeals a second time.

¶ 5. The facts and procedural history were set out in this Court’s first opinion and are restated here.

On May 12, 2004, Judge Edwin Roberts of the Marshall County Chancery Court granted Grace Bonds Boatwright and Toulman D. Boatwright Jr. a divorce on the ground of irreconcilable differences. Grace was awarded primary physical custody of the couple’s three minor children, Wynne, Hannah, and Dunn. Toulman was ordered to pay $320 per month in child support, as well-as $80 per month for health insurance, one-half of the out-of-pocket medical expenses, and a portion of the children’s school tuition. Toulman was also ordered to maintain a life-insurance policy with the three children as beneficiaries.
[956]*956Since the divorce decree, the relationship between Grace and Toulman has deteriorated such that the parties have been unwilling to communicate, resulting in the filing of numerous motions and petitions over the years.
The instant case stems from a petition for contempt and modification filed by Grace on October 19, 2007. An agreed temporary order was entered that, among other things, gave Toulman additional visitation with Hannah and appointed Jennifer Shackelford as guardian ad litem (GAL) for the children. On May 20, 2008, Grace filed a motion for emergency relief alleging that recordings between Toulman and Hannah, who was sixteen years old at the time, evidenced that Toulman’s visitation -with his minor children should be restricted. These recordings indicate a desire on Toulmaris behalf and a willingness on Hannah’s behalf that Hannah engage in violent activities against Grace and her older sister, Wynne. Judge Roberts subsequently suspended Toulmaris visitation with Dunn, who was approximately five years old at that time. The day after Grace filed her motion for emergency relief, L. Anne Jackson, Toul-maris counsel since November 2007, filed a motion to withdraw as counsel. On May 23, 2008, Helen Kennedy Robinson was substituted as Toulmaris counsel.
At some point after this, Hannah went to live with her paternal grandparents. Per Toulmaris request, Judge Roberts entered a temporary order allowing Toulman to pay Hannah’s portion of his child-support payment to the paternal grandparents.
On October 6, 2008, Toulman filed a motion for Judge Roberts to recuse. In response, Grace filed a counter-motion for sanctions. After a hearing on the matter, Judge Roberts took the matter under advisement. On October 28, 2008, Judge Roberts denied Toulmaris motion to recuse, delivering a lengthy opinion in which he found that Toulman was unable to substantiate any of the allegations made in support of his motion. It was determined that Grace’s motion for sanctions would be heard at a later date. Toulman subsequently filed a petition with the Mississippi Supreme Court to review the denial of his motion to re-cuse. The supreme court denied Toul-maris petition by order dated December 10, 2008.
A hearing on the merits of all pending motions and petitions was held for three days in mid-February 2009. Judge Roberts heard Grace’s motion for sanctions on March 10, 2009, and ultimately awarded Grace $4,305 in attorneys’ fees and $733.11 in expenses. Toulman was also ordered to pay $900 to Shackelford, the GAL, for a total of $5,938.11. The order imposing sanctions was executed on April 14, 2009, nunc pro tunc to March 10,2009.
In regard to the original petition for contempt and modification filed by Grace, Judge Roberts found Toulman to be in contempt and ordered him to pay a fine for each instance of contempt. Judge Roberts also ordered Toulman to pay Grace’s attorneys’ fees in regard to the contempt proceeding, but he further directed a writ of inquiry to determine the amount of attorneys’ fees attributed to the contempt action. Judge Roberts further found that it was in Hannah’s best interest to remain living with her paternal grandparents until the end of the school year. Judge Roberts also set visitation, ordered the parties to attend counseling sessions, and modified the child support. This order was executed on April 9, 2009, nunc pro tunc to March 10, 2009. However, Judge Roberts de[957]

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Cite This Page — Counsel Stack

Bluebook (online)
184 So. 3d 952, 2015 Miss. App. LEXIS 351, 2015 WL 3863392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toulman-d-boatwright-jr-v-grace-bonds-boatwright-missctapp-2015.