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EX PARTE BRYANT3/22/1996
e same day the "fax" transmission was received, a check in the amount of $500 made out on the "Friends of Chris Galanos" account was sent to the Mobile County district attorney's office. Apparently, Judge Galanos believed that this payment to the district attorney's office was to be a repayment to the petitioner of his contribution and he apparently thought it might be used to pay fines, restitution, or other costs. Although sending a $500 check to the district attorney's office on the eve of trial to be used on the petitioner's behalf may appear suspicious, or appear to show a prosecutorial mind-set, we do not consider that that fact affects the legal standards we must apply. The test for recusal is not whether the judge is impartial but whether another person "might reasonably question the judge's impartiality," Duncan, 638 So.2d at 1334. We resolve this issue in favor of Judge Galanos and against the petitioner.
The petitioner further contends that Judge Galanos, when he was district attorney of Mobile County, made disparaging remarks concerning the judges of the Court of Criminal Appeals and that the fact that he did so shows a bias against one of the attorneys involved in the case, the Honorable William M. Bowen, who was serving as a judge on this court when those disparaging remarks were made. As regards the disparaging remarks, we believe the exercise of weak judgment or a lack of judgment on a collateral matter is seldom grounds for a judge's recusal. We resolve this issue against the petitioner.
The petitioner also contends that Judge Galanos should recuse himself from the case because he was prejudiced against one of the petitioner's lawyers. In 1982 then District Attorney Galanos was prosecuted for driving under the influence . One of the petitioner's defense lawyers helped the special prosecutor prepare the case against Galanos. The records before us reflect that the case against Judge Galanos was dismissed after an agreement was reached between the prosecution and then District Attorney Galanos. We resolve this issue against the petitioner.
The petitioner also contends that Judge Galanos should recuse himself because one of the members of the district attorney's office prosecuting this case worked with Galanos for a number of years when he was district attorney.
"The bias or prejudice which has to be shown before a judge is disqualified must be 'personal' bias, and not 'judicial' bias. Personal bias, as contrasted with judicial, is an attitude of extra-judicial origin, or one derived non coram judice. In re White, 53 Ala. App. 377, 300 So.2d 420 (1974). The fact that one of the parties before the court is known to and thought well of by the judge is not sufficient to show bias. Duncan v. Sherrill, 341 So.2d 946 (Ala. 1977)."
McMurphy v. State, 455 So.2d 924, 929 (Ala.Cr.App. 1984).
The petitioner further contends that Judge Galanos should recuse himself because he was district attorney when his case was investigated by the Mobile County district attorney's office. We have previously held that if such a situation does in fact exist the trial judge should recuse. Ex parte Sanders, 659 So.2d 1036 (Ala.Cr.App. 1995). However, the record reflects that the investigation against the petitioner was begun by the district attorney's office in June 1995. The petitioner was indicted on six counts of theft of property on July 24, 1995. Judge Galanos was district attorney in Mobile County until September 1, 1994. When the charges were investigated and the petitioner was subsequently indicted, Judge Galanos was not the district attorney.
The petitioner lastly contends that Judge Galanos should recuse himself because one of the expecte
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