Judges won't try firm's cases
Decision affects 66 pending court cases
By Mark Boxleyof 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)."