“[A] judge must recuse himself when he has a direct, personal, substantial, pecuniary interest in a case.” (See Caperton v. A. T. Massey Coal Co. Inc. (2009) 129 S. Ct. 2252, 2259.)
“The underlying theme of the Code of Judicial Conduct is that judges above all else must preserve the integrity and independence of the judiciary.” (See Matter of McKinney (1996) 324 S.C. 126, 129-30; Canons 1, 2A, Rule 501, SCACR.)
“To that end, Canon 2 (B), Rule 501, SCACR, mandates that judges not allow family relationships to influence judicial conduct or judgment. Nor should judges lend the prestige of their office to advance the private interests of others, or give the impression that others are in a special position to influence them.” (See id.)
“In addition, Canon 3 (C) requires judges to disqualify themselves in any proceeding in which their impartiality might reasonably be questioned, particularly where they have any personal bias.” (See id.)
“The party seeking disqualification must do more than merely allege bias on the judge's behalf; the party must present some evidence of judicial prejudice or bias.” (See Simpson v. Simpson (2008) 377 S.C. 519, 524.)
"In applying Canon 3[(E)](1), the South Carolina Supreme Court has stated that the movant or petitioner must show some evidence of the bias or prejudice of the judge." (See id; Lyvers v. Lyvers (1984) 280 S.C. 361, 367, 312 S.E.2d 590, 594.)
“In order to be entitled to relief, a defendant therefore must establish actual partiality and prejudice on the part of the judge." (See State v. Anthony, 2014-UP-388, at *1 (S.C. Ct. App. Nov. 5, 2014).)
“When an appellant offers no evidence to support his claim of partiality, the trial judge is correct to deny a Motion for Recusal.” (See Simpson v. Simpson (2008) 377 S.C. 519, 524; Christensen v. Mikell (1996) 324 S.C. 70, 74, 476 S.E.2d 692, 694.)
“The decision to recuse is within the discretion of the trial judge.” (See Van Ness v. Eckerd Corporation (2002) 350 S.C. 399, 404; Christyv. Christy (1994) 317 S.C. 145, 149, 452 S.E.2d 1, 3.)
"We will not second guess his determination, for whether or not he was able to exercise impartiality, he judiciously chose to avoid the appearance of impropriety." (See id.)
“Under South Carolina law, if there is no evidence of judicial prejudice, a judge's failure to disqualify himself will not be reversed on appeal.” (See Patel v. Patel (2004) 359 S.C. 515, 524, 599 S.E.2d 114, 118; Brailsford v. Brailsford (2008) 380 S.C. 443, 451.)
It is well settled that “Canon 3(C)(1)(a) of the Code of Judicial Conduct, Rule 501, SCACR, requires a judge to recuse himself if he has a personal bias or prejudice concerning a party. The alleged bias must stem from an extrajudicial source and result in a decision based on information other than what the judge learned from his participation in the case. It is not enough for a party to simply allege bias; a party seeking disqualification of a judge must show some evidence of bias or prejudice.” (See Roper v. Dynamique Concepts, Inc. (1994) 316 S.C. 131, 139.)
It is also well settled that “if there is no evidence of judicial bias or prejudice, a judge's failure to disqualify himself will not be reversed on appeal. A judge's impartiality might reasonably be questioned when his factual findings are not supported by the record.” (See Patel v. Patel (2004) 359 S.C. 515, 524; Ellis v. Procter Gamble Dist. Co. (1993) 315 S.C. 283, 433 S.E.2d 856.)
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