After a contentious race for the Blount County Circuit Court Division II judgeship, it appears the effects of the election have continued on past the vote-counting. Two judges and a chancellor in the Blount County Fifth Judicial District filed an order Wednesday recusing themselves from any pending or future cases involving Maryville law firm Meares & Associates.

Former Division II Judge Michael Meares, a democrat, was unseated by current judge David R. Duggan in the August election. The order of recusal affects the law firm of Meares' sister, Martha Meares, who is listed as campaign treasurer on the official "Meares for Judge" Web site.

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Ms. Cooper, if this was really about avoiding hassle, then Goddard's firm should have also be included in the Order as AB Goddard was Duggan's treasurer. Anyone who loses to Goddard in the court of any one of these judges could appeal based on that.

Or take it a little further. Maybe it should have included all those attorney who paid into Duggan's Campaign fund.

And since the race was between Duggan and Meares, please explain how that gives Young and especially Fogerty cause for recusal?

-- Posted by Andy Martin on Fri, Sep 19, 2008, 2:01 pm EDT (Report this)

I don't know where you all get off claiming this is anything but a smart legal move. It has nothing to do with politics. These men are merely cutting out the hassell. Any case they hear for this firm and the firm does not win immediately some kind of motion would be brought that there is a conflict of interest orsome grounds charging that they can't get a fair trial before these judges. I think it's a very smart and commendable move and you all would too if you would get your heads out of the sand. You all sound like democrats to me and I just have to wonder are you so loyal to your party that you will vote that way in November? God help you if you do. I'm not a McCain supporter either but he nor Sarah have stated that paying higher taxes is patriotic as did your vice presidential candidate.

-- Posted by Sandy Cooper on Fri, Sep 19, 2008, 1:12 pm EDT (Report this)

All I can say to those surprised is 'welcome to Blount County.' It isn't a surprise to me, but to those new or who have their hands stuck in the sand - it gets easier or maybe people of like minds will step forward and attempt to due the right thing and make changes. I am under the impression that many like the way things are and accepting of the 'status quo.' I know what it's like to live in an environment of submission - I've lived in Blount County (all of my life).

-- Posted by dlkincaid on Fri, Sep 19, 2008, 11:14 am EDT (Report this)

This is unreasonable, excessive and indefensible. These men should be ashamed of themselves. It is ludicrous to say that it is "not malicious in nature" when you look at the net effect the order has on the practice of Meares and Associates. Should someone's livelihood and prospects be destroyed merely because a relative ran for public office in Blount County in the year 2008?

I think not.

-- Posted by Andy Martin on Fri, Sep 19, 2008, 9:19 am EDT (Report this)

A political tar and feathering and ran out of town, I'd say. This is what happens when you buck against the GOB (Good ol Boys). Let's see how fast this gets deleted.

-- Posted by Al Foster on Fri, Sep 19, 2008, 8:23 am EDT (Report this)

A political tar and feathering and ran out of town, I'd say. This is what happens when you buck against the GOB (Good ol Boys). Let's see how fast this gets deleted.

-- Posted by Al Foster on Fri, Sep 19, 2008, 8:23 am EDT (Report this)

This is Blount count good ol' boys at work. The Republican wheels are turning and going to show Martha Meares just who is in charge in this county. I don't know the Meares, but I know how the political structure works in this county, and, as long as the Republicans are in charge, nothing will ever change. You would think that in the 21st century, some people would grow up and act like adults.

-- Posted by Raymond Dotson on Fri, Sep 19, 2008, 6:28 am EDT (Report this)

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Judges won't try firm's cases

By Mark Boxley
of The Daily Times Staff
Originally published: September 19. 2008 3:01AM
Last modified: September 18. 2008 10:13PM

After a contentious race for the Blount County Circuit Court Division II judgeship, it appears the effects of the election have continued past the vote-counting.

Two judges and a chancellor in the Blount County Fifth Judicial District filed an order Wednesday recusing themselves from any pending or future cases involving Maryville law firm Meares & Associates.

Former Division II Judge Michael Meares, a Democrat, was unseated by current judge David R. Duggan, a Republican, in the August election. The order of recusal affects the law firm of Meares' sister, Martha Meares, who is listed as campaign treasurer on the official "Meares for Judge" Web site.

Duggan, Division I Circuit Judge W. Dale Young and Chancellor Telford E. Forgety Jr., signed the document -- which lists 66 pending cases in Blount County Circuit Court that will be affected -- Tuesday.

While the election is never mentioned specifically, it appears that it was a driving factor behind the order, due to the often heated nature of the election widely portrayed by area media outlets. The judges explained in the filing that they were recusing themselves "in order to avoid even the appearance of impropriety and for the fair and efficient administration of justice..."

No comment

When contacted by The Daily Times Thursday, a woman who answered the phone at Meares & Associates said there was no one at the firm able to comment on the order. A message left for Martha Meares at her home was not returned.

The order does not appear to have been prompted by a request from an attorney in any pending case involving Meares & Associates. The judges wrote that the order was "sua sponte" -- defined as, according to the legal dictionary at Law.com: "'Of one's own will,' meaning on one's own volition, usually referring to a judge's order made without a request by any party to the case."

When contacted Wednesday, Duggan said he could not comment on the order of recusal other than to say it was not malicious in nature.

"It is certainly not retribution (for the election)," he said. "But other than that I cannot comment on what has prompted (the recusal) to happen."

A message left for Young at his office in the Blount County Justice Center was not returned.

As part of the recusal, the judges and chancellor will not hear cases involving attorneys from Meares & Associates currently pending in Blount County Circuit Court and will not hear cases filed by the firm in the future. The order will be in effect "until further order or orders of the undersigned (judges)."