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An attorney filed a motion Monday asking Judge Mike Meares to recuse himself in an aggravated vehicular homicide case, stating that Meares had “ex parte communication” with the deceased victim’s wife prior to sentencing in the case.

The motion was filed in Blount County Circuit Court by Steven B. Ward and Doris Matthews, of Madisonville, who represent Tommy Lee Carroll, 48, Vinegar Valley Road, Friendsville. Carroll pleaded guilty to aggravated vehicular homicide in the Aug. 9, 2006, death of Jeffrey Edward Roth, 46, Rambling Road, Maryville.

On June 30, he was sentenced to eight years in prison and told he can never obtain a driver’s license.

Kathy Roth, widow of Jeffrey Roth, said the cause of the motion apparently stems from an encounter she had with Meares at “Paws in the Park.” She said she was there with others and was talking with a group of people. She said Meares never approached her and she never approached him.

“We were just talking in a group setting,” Kathy Roth said. “He talked to me about being a single parent because he was (a single parent) when his wife died.”

According to the motion, Ward and Matthews ask that Meares recuse himself and ask that Carroll receive a new sentencing hearing.

“In support of this motion, defendant would show that information (that) has been received indicates that Judge Michael Meares had ex parte communication with the deceased’s widow prior to defendant’s sentencing hearing,” the motion states.

When asked Monday if Meares talked about the pending case with her or if he asked for her support in the judicial race, Roth said, “No, he did not.”

Meares was appointed by Gov. Phil Bredesen as Blount County Circuit Court judge last year. He is running against Blount County General Sessions Judge David R. Duggan for the circuit court judge seat, and the election is on Thursday.

Roth said she hopes that she and her family do not have to go through another sentencing hearing for Carroll and is satisfied with the sentencing he received. She said she did not believe that the judge did anything wrong by talking with her that day.

“I don’t think he should recuse himself,” she said. “I don’t think that what he talked about was harmful in the case. He did not come up to me. I didn’t come up to him.”
Ward said he “really can’t go into” the details of why he filed the motion and said it was not appropriate to discuss it. He said he is unsure of when the judge will hear
the motion.

“I’m hoping for a hearing date very soon,” Ward said.

Meares said he had not seen the motion yet, and was unable to comment on pending court proceedings.