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EX PARTE BRYANT3/22/1996
The petitioner, Thomas E. Bryant, filed this petition for a writ of mandamus directing the Honorable Chris Galanos, a circuit judge for the Thirteenth Judicial Circuit to grant his motion requesting that the judge recuse himself from the proceedings against the petitioner.
The petitioner was charged with six counts of theft of property in the first degree. The petitioner, who served as general guardian and conservator for Mobile County, was charged with six counts of theft of property for stealing over $3,000,000 from estates for which he served as conservator. The petitioner's case was eventually assigned to Judge Galanos after another circuit judge recused himself. The petitioner then filed a motion seeking to have Judge Galanos recuse. The petitioner also filed a motion for a change of venue, which was granted, and the case was moved to the Circuit Court for Montgomery County. Judge Galanos was to preside over the trial in Montgomery. On the Saturday before the trial was scheduled to begin in Montgomery County on Monday, Judge Galanos notified the state and the defendant by facsimile transmission that the defendant/petitioner had contributed $500 to his judicial campaign. The petitioner then amended his motion to recuse based on this information. Judge Galanos denied the motion. The petitioner then filed a petition for a writ of mandamus with this court, requesting a stay of the trial and asking that we order Judge Galanos to recuse himself from the case. This court granted a stay and ordered Judge Galanos to answer the allegations in the petition.
Mandamus is the correct method to challenge a pre-trial ruling on a motion to recuse. Ex parte Sanders, 659 So.2d 1036 (Ala.Cr.App. 1995).
The petitioner contends, among other things, that Judge Galanos should have granted his motion to recuse because he had contributed $500 to Judge Galanos's judicial
campaign. While it would appear, applying principles of common sense, that the party who did not contribute to a judge's campaign should be the only party to complain, the law seems to indicate otherwise. Although the petitioner might not ordinarily expect that his contribution to a judge's campaign would prejudice the judge against him, he is entitled to the protections afforded by the Alabama Canons of Judicial Ethics and the Code of Alabama.
Canon 3(C)(1), Alabama Canons of Judicial Ethics, states, in pertinent part:
"(1) A judge should disqualify himself in a proceeding in which his disqualification is required by law or his impartiality might reasonably be questioned, including but not limited to instances where:
"(a) He has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;
"(b) He served as a lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer in the matter, or the judge or such lawyer has been a material witness concerning it."
The Alabama Supreme Court in State v. Duncan, 638 So.2d 1332 (Ala.), cert. denied, ___ U.S. ___, 115 S.Ct. 528, 130 L.Ed.2d 432 (1994), expressed its view on Canon 3(C) and articulated the following standard:
"Under Canon 3(C)(1), Alabama Canons of Judicial Ethics, recusal is required when 'facts are shown which make it reasonable for members of the public or a party, or counsel opposed to question the impartiality of the judge.' Acromag-Viking v. Blalock, 420 So.2d 60, 61 (Ala. 1982). Specifically, the Canon 3(C) test is: 'Would a person of ordinary prudence in the judge's position knowing all of the facts known to the judge find that there is a reasonab
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