2002-C-2533 Precedential Granted; stay vacated Processed

Arcement v. Cruz

Louisiana Court of Appeal, Fourth Circuit · Filed December 20, 2002 · 836 So. 2d 314

Cited by

State of Louisiana v. Steven Ray Killingsworth La. Ct. App. 2d Cir. 2025
State v. Desoto 968 So. 2d 146 La. Ct. App. 3d Cir. 2007
State of Louisiana v. Jake C. Desoto La. Ct. App. 3d Cir. 2007
Tatum v. Orleans Parish School Bd. 894 So. 2d 1180 La. Ct. App. 4th Cir. 2005
State v. Clarke 857 So. 2d 599 La. Ct. App. 1st Cir. 2003

Authorities cited

Identified automatically; this list may not be exhaustive.

Schwing v. Dunlap 123 La. 485
In Re Lemoine 686 So. 2d 837

Opinion text

836 So.2d 314 (2002) Patrick M. ARCEMENT v. Cheri Lynn CRUZ. No. 2002-C-2533. Court of Appeal of Louisiana, Fourth Circuit. December 20, 2002. *315 Sharon M. Williams, Chalmette, LA, Counsel for Plaintiff/Relator. Keith Couture, Chalmette, LA, Counsel for Defendant/Respondent. Court composed of Judge JOAN BERNARD ARMSTRONG, Judge MIRIAM G. WALTZER, and Judge MAX N. TOBIAS JR. MAX N. TOBIAS, JR., Judge. Once a judge recuses himself or herself from hearing a case, the judge is thereafter precluded from hearing that case ever again. Schwing v. Dunlap, 123 La. 485 , 49 So. 134, 136 (La.1909). In this case, the trial judge recused himself sua sponte on 16 September 2002 and gave reasons. See La. C.C.P. art. 152. The judge stated that because relator's counsel was a candidate against him and relator was her campaign manager, the appearance of impropriety required his recusal "to promote, protect and preserve the independence and integrity of the judiciary by the Canons of Judicial Conduct." Now that the campaign and election are over is of no moment; the taint of the appearance of impropriety permanently remains. In re Lemoine, 96-2116 (La.1/14/97), 686 So.2d 837 ; see also Canon 3(C), Code of Judicial Conduct. Accordingly, we granted the application for a supervisory writ of the relator, Patrick M. Arcement. We further grant relator's request for relief: The Honorable Manuel Fernandez is and remains recused from hearing, dealing with, or trying any part of the captioned matter. Our stay order of 19 December 2002 is vacated. SUPERVISORY WRIT GRANTED; RELIEF GRANTED; STAY VACATED.