Thursday, February 26, 2015
Recusal of judges is always a sensitive topic. If you want to see how complicated the issue can be, there is a case pending in the appellate courts that illustrates this on multiple levels. In the case of Toulman Boatwright Jr v. Grace Boatwright, five justices of the appellate judges recused themselves in a pending appeal to determine if now deceased Chancellor Ed Roberts should have recused himself in a matter. Apparently the Court of Appeals needs six for a quorum so the Mississippi Supreme Court appointed Hollis McGehee to sit as a sixth Court of Appeals Justice on the case. See the Order here. The Boatwrights divorced in 2004 and have been litigating various matters arising out of the divorce ever since. I have reviewed some of the pleadings on the website and there are good arguments by all parties in the matter.