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Woodard v. Woodard
Citations: 557 So. 2d 842; 1990 Ala. Civ. App. LEXIS 1Docket: Civ. 7314
Court: Court of Civil Appeals of Alabama; January 2, 1990; Alabama; State Appellate Court
A petition for writ of mandamus was submitted regarding a divorce action in the Circuit Court of Talladega County, where the petitioner sought the recusal of the trial judge based on alleged bias stemming from the judge's prior contacts with the petitioner's husband's father. The petitioner cited Canon 3C(1) of the Canons of Judicial Ethics, which requires a judge to recuse themselves if their impartiality could reasonably be questioned. However, the court found the evidence insufficient to establish bias, noting that the judge is presumed to be qualified and unbiased unless proven otherwise. The judge's limited interactions with the husband's father—drafting a deed, working as an unpaid radio personality for the father's station, and attending Christmas parties—did not demonstrate any personal bias or prejudice. The trial judge asserted that these past associations would not influence his judgment regarding the father's credibility if called as a witness. Consequently, the court denied the petition for writ of mandamus, with the concurring opinions of Judges Robertson and Ingram.