denying petition because “[d]isqualifying a judge because his examination of a witness on relevant matters gives a clue as to how he may be inclined to rule at the end of the evidence would wreak administrative havoc in the circuit court by inviting mid-hearing motions for recusal”
How later courts described this case
- denying petition because “[d]isqualifying a judge because his examination of a witness on relevant matters gives a clue as to how he may be inclined to rule at the end of the evidence would wreak administrative havoc in the circuit court by inviting mid-hearing motions for recusal”
- recognizing that judges are “expected to be influenced by real life experiences”
- noting disbelief in witness’ testimony is ordinarily no basis for disqualification
Written by the judges who cited it.
The opinion
LEVY, Judge
(specially concurring).
I completely agree with the majority opinion. I write separately only to express my belief that the record does not contain any indication that would support an allegation of bias or prejudice such as would be required in seeking to have a judge removed from a case.
Rather, if any error was committed by the trial court, it would relate to the possible application of an incorrect standard of living (i.e. the judge’s standard of living being applied instead of the petitioner’s established standard of living) which would be fully reviewable in any appeal that the petitioner might initiate at the conclusion of the case.