Washington Mutual Finance Group, LLC v. Blackmon

925 So. 2d 780, 2004 Miss. LEXIS 70
CourtMississippi Supreme Court
DecidedFebruary 5, 2004
DocketNo. 2001-CA-01911-SCT
StatusPublished
Cited by13 cases

This text of 925 So. 2d 780 (Washington Mutual Finance Group, LLC v. Blackmon) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Washington Mutual Finance Group, LLC v. Blackmon, 925 So. 2d 780, 2004 Miss. LEXIS 70 (Mich. 2004).

Opinion

[783]*783 ON VERIFIED MOTION FOR RECUSAL

PITTMAN, Chief Justice,

for the Court.

STATEMENT OF THE CASE

¶ 1. The appellees have filed their Verified Motion for Recusal, urging that a majority of this Court, specifically, Chief Justice Pittman, Presiding Justices Smith and Waller, and Justices Cobb and Carlson, recuse themselves. Due to the importance of the issue, not only in this case but in other cases before the Court and for the future, those justices have submitted the motion and those filed in other cases to the en banc conference for consideration by the full Court.

¶ 2. The motion before us grows out of an Emergency Complaint filed with the Mississippi Commission on Judicial Performance on August 28, 2003, by the five subject justices against then Presiding Justice C.R. McRae1 wherein it is charged, inter alia, that Justice McRae improperly used his judicial office for the benefit of Shane Langston and Langston, Sweet & Freese, P.A., a law firm representing the appellees here. In addition, the motion argues that the law firm of Butler, Snow, O’Mara, Stevens & Cannada, PLLC, represents the five justices in the judicial disciplinary proceeding and also represents clients which have a significant interest in the present case.

¶ 3. Having considered the motion, responses, and the appellees’ rebuttal, the Court finds that the motion is without merit and should be denied as to each of the five justices for the reasons stated in this opinion.

¶ 4. Our Code of Judicial Conduct requires that judges inform the appropriate authorities when they have information indicating that there is a substantial likelihood that another judge has committed violations of the Code of Judicial Conduct raising substantial questions as to the latter’s fitness for office. Miss.Code of Jud. Conduct, Canon 3 D(l). On August 28, 2003, the five justices filed with the Mississippi Commission on Judicial Performance an Emergency Complaint raising a number of issues concerning Justice McRae’s conduct and the performance of his judicial responsibilities. In so far as they relate to the present motion, these issues include the charge that Justice McRae used his office to promote his personal interests and those of his family. The complaint further states:

Justice McRae has a close relationship with the family of Shane and Cynthia Langston, attorneys actively practicing in Mississippi. This relationship has become even closer since the marriage of his daughter, an associate in Shane Langston’s firm, to Shane Langston. This relationship has on a number of occasions required Justice McRae to re-cuse himself, however reluctantly, in appeals in which the Langstons have an interest.... In an effort to promote [784]*784their interest, having recused, Justice McRae, without consulting with other members of the Court and contrary to prior decisions of the Court, personally (and incorrectly) advised the attorneys in these cases that they were entitled to have a special justice appointed by the Governor....

¶ 5. Comments about Justice McRae ascribed to Chief Justice Pittman in two newspaper articles are also cited as showing hostility to Langston and his firm. The Kosciusko Star Herald quotes Chief Justice Pittman as stating that “[I]t shouldn’t go unnoted that McRae’s son-in-law (Shane Langston) is the one challenging Waller’s service on the court since he also helps lead the Mississippi National Guard, which is part of the executive branch and must answer to the governor.” In the same article, he is quoted as saying that “I am saddened that we make headlines that probably concern you, but this is a fight about protection of the public interest and people who don’t give a damn about the public interest.” In a Clariorir-Ledger article, Chief Justice Pittman is described as suggesting that the Court will run smoother when Justice McRae is gone and the new justice, Jess H. Dickinson, comes on board.

¶ 6. The movants also assert that W. Scott Welch, III, and the Butler Snow law firm represent the five justices in Justice McRae’s disciplinary proceedings, and that the justices sought to have Welch appointed “special prosecutor” in the those proceedings. The Butler Snow firm has filed an amicus curiae brief in the present case on behalf of Mississippi Bankers Association, and, it is asserted, represent a non-party client who will have a vital interest in the outcome of the present case.

¶ 7. In fact, neither Welch nor the firm represents any of the justices. In support of their statements regarding Welch and the Butler Snow firm, the movants have offered Welch’s affidavit in which he acknowledges that he was contacted regarding representation, but likewise declares under oath that he was never retained, that he declined to undertake representation, and that neither he nor his firm represent the five justices. The movants also offer a Motion to Direct Employment of Special Counsel by which the justices did indeed recommend Welch as special counsel; however, this motion was overruled by the Commission and the disciplinary proceedings are being prosecuted by Commission counsel.

¶ 8. The motion also alleges that Justice Carlson or his family have some kind of relationship with or interest in First Security Bank, a corporation which is not a litigant in the present matter. It argues that because of this relationship Justice Carlson cannot sit on any cases such as the present one involving credit insurance or credit related products.

¶ 9. Finally, the movants raise a legal challenge filed in the Chancery Court of the First Judicial District of Hinds County to Justice Waller’s service on this Court filed by Shane Langston, which was dismissed without prejudice on August 29, 2003.

DISCUSSION

Standard of Proof

¶ 10. The grounds here asserted for recusal do not implicate constitutional and statutory disqualifications, nor are such disqualifications alleged. Miss. Const, art. 4, § 165; Miss.Code Ann. § 9-1-11 (Rev.2002). Otherwise, under the Code of Judicial Conduct, judges should recuse “in proceedings in which their impartiality might be questioned by a reasonable person knowing all the circumstances .... ” Miss.Code of Jud. Conduct, [785]*785Canon 3 E(l). Included among those circumstances which might cast doubt on a judge’s impartiality are those in which the judge has a personal bias or prejudice concerning a party (Canon 3 E(l)(a)), the judge or a member of the judge’s family residing in the judge’s household has a financial interest in the subject matter in controversy or in a party to the proceeding (Canon 3 E(l)(c)), or the judge or close relatives has any other interest that could be substantially affected by the outcome of the proceeding, (Canon 3 E(l)(d)). The specific circumstances listed in Canon 3 E(l) are examples and do not constitute an exclusive list of grounds for recusal. Upton v. McKenzie, 761 So.2d 167, 172 (Miss.2000); Buchanan v. Buchanan, 587 So.2d 892, 896 (Miss.1991).

¶ 11. The law recognizes that there must be confidence in judges’ impartiality in order for our judicial system to function. Those bringing their disputes before the courts must do so in a well grounded belief that the law will be applied fairly to the facts of their cases.

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WASHINGTON MUT. FINANCE GROUP, INC. v. Blackmon
925 So. 2d 780 (Mississippi Supreme Court, 2004)

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Bluebook (online)
925 So. 2d 780, 2004 Miss. LEXIS 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-mutual-finance-group-llc-v-blackmon-miss-2004.