Motion to Recuse Judge in Louisiana

Understanding the Purpose and Significance of a Motion to Recuse Judge

“Recusation of judges is a serious and important legal procedure.” (See In re Judge Lemoine (1997) 686 So. 2d 837, 839.)

“It involves a judge's removing himself or being removed from a case and being replaced by another judge. Recusal may be voluntary as when a judge takes himself off a case for legally compelling reasons or simply because he believes that he cannot fairly and impartially judge a matter before him.” (See id; LSA-C.C.P. art. 152; LSA-C.Cr.P. art. 672.)

“It may be involuntary as when a litigant files a motion to recuse for stated legal reasons, the judge refuses to recuse himself, and court proceedings thereafter result in his being recused by another trial judge or by an appellate court.” (See In re Judge Lemoine (1997) 686 So. 2d 837, 839; LSA-C.C.P. art. 151; LSA-C.Cr.P. art. 671.)

“The supreme court has advised that the recusation of judges is a serious and important legal procedure. In each possible recusal situation, there is a countervailing consideration that militates in favor of a judge's not recusing himself, or being recused; that is, that the judge has an obligation, part of his sworn duty as a judge, to hear and decide cases properly brought before him.” (See Radcliffe 10, L.L.C. v. Zip Tube Systems of Louisiana, Inc. (2008) 998 So. 2d 107, 115.)

“He is not at liberty, nor does he have the right, to take himself out of a case and burden another judge with his responsibility without good and legal cause.” (See id; In re Lemoine (1997) 96-2116, 686 So.2d 837, 839-40.)

“[A] judge should disqualify himself in a proceeding in which the judge's impartiality might reasonably be questioned.” (See Canon 3(C) of the Code of Judicial Conduct; Pontchartrain Nat. Gas Sys. v. Tex. Brine Co., No. 2015 CW 0767, at *1 (La. Ct. App. Aug. 28, 2015).)

Procedural Steps Involved in Filing a Motion to Recuse Judge

“The procedure for recusal is identical in criminal and civil matters. Under Article 154 of the C.C.P. or Article 674 of the C.Cr.P., upon the filing of a written recusal motion by a party in which a valid ground for recusal is set forth, the judge shall either recuse himself, or refer the motion to another judge or a judge ad hoc as provided in Articles 155 and 156 of the C.C.P., and Article 675 of the C.Cr.P.” (See In re Judge Lemoine (1997) 686 So. 2d 837, 839 n.3.)

“A judge may recuse himself in any cause in which a ground for recusal exists, whether or not a motion for his recusal has been filed by a party.” (See La. Code Crim. Proc. art. 672(A).)

“Prior to the cause being allotted to another judge, a judge who recuses himself for any reason shall contemporaneously file in the record the order of recusal and written reasons that provide the factual basis for recusal under Article 671. The judge shall also provide a copy of the recusal and the written reasons therefor to the judicial administrator of the supreme court.” (See La. Code Crim. Proc. art. 672(B).)

Discretion of the Court in Deciding a Motion to Recuse Judge

“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.” (See State v. Connolly (2006) 930 So. 2d 951, 4; 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." (See id.)

"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." (See id; Hinman v. Rogers (1987) 831 F.2d 937, 939.)

“Unless required by law or by Supreme Court rule, a judge should not recuse himself or herself.” (See State v. Connolly (2006) 930 So. 2d 951, 4; La.C.Cr.P. art. 672; Louisiana Code of Judicial Conduct, Canon 3(C); 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].)

Legal Precedents and Case Law on a Motion to Recuse Judge

It is well settled that “a judge has full power and authority to act in the cause, until he recuses himself or a motion to have him recused is filed. A motion to recuse must be filed before trial. A judge can recuse himself from any case where a ground for recusal exists." (See Gaspard v. Horace Mann Ins. Co. (2018) 247 So. 3d 778, 785; La.Code Civ.P. art. 152; La.Code Civ.P. art. 153; La.Code Civ.P. art. 154.)

It is also well settled that "[a] judge is presumed to be impartial. Thus, while we conclude that a court considering a motion to recuse directed at another judge may be informed by the contours of the Code of Judicial Conduct in its analysis of La.Code Civ.P. art. 151(A)(4), the reviewing judge's ultimate inquiry continues to question the existence of bias, prejudice or interest in the cause or outcome under that Article.” (See id.)