Ex parte Rollins

• Decision Date: 19 September 1986
• Parties: Ex parte Ella Mae ROLLINS. (Re Philip GRACE, et al. v. Willie B. REED, et al.) 85-278.
• Court: Alabama Supreme Court

Page 636

495 So.2d 636

Ex parte Ella Mae ROLLINS.

(Re Philip GRACE, et al. v. Willie B. REED, et al.)

85-278.

Supreme Court of Alabama.

Sept. 19, 1986.

James W. Rane, Abbeville, for Rollins.

Billy J. Sheffield, Circuit Judge, and Winn S.L. Faulk, Dothan, for respondents.

PER CURIAM.

Ella Mae Rollins petitions this Court to require a trial judge to recuse himself because of personal conflict between the petitioner's attorney and the trial judge. The petition is granted.

Rollins is a defendant in a non-jury civil action involving a sale of real property for division of the proceeds. The Honorable Billy J. Sheffield is the trial judge in this case in the Henry County Circuit Court. On August 28, 1985, Rollins filed a motion asking the judge to recuse himself; it was denied without a hearing on November 8, 1985. The basis for the motion to recuse was an alleged personal conflict between the attorney for Rollins, James W. Rane, and Judge Sheffield, which stemmed from Rane's representation of another party in an earlier (sometime in 1983) case before Judge Sheffield. As a result of Judge Sheffield's decision in the earlier case, a letter was written by a resident of Henry County to the editor of the Abbeville Herald criticizing Judge Sheffield. The author of the letter was held in contempt of court by Judge Sheffield and, as a result, the Court of the Judiciary became involved in the matter.

On March 16, 1984, Judge Sheffield filed a complaint against Rane with the Alabama Bar Association wherein he alleged various acts by Rane which made him unfit to practice law. The disciplinary commission of the Alabama Bar Association dismissed the complaint on or about July 16, 1984.

Rollins argues that there is a clear appearance of bias and prejudice on the part of Judge Sheffield.

Canon 3C(1), Alabama Canons of Judicial Ethics, provides in pertinent part:

"A judge should disqualify himself in a proceeding in which his disqualification is required by law or his impartiality might reasonably be questioned...."

"[R]ecusal is required where 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. Miller v. Miller, 385 So.2d 54, 55 (Ala.Civ.App.), cert. denied, 385 So.2d 56 (Ala.1980); Wallace v. Wallace, 352 So.2d 1376, 1379 (Ala.Civ.App.1977). However, recusal is not required by a mere accusation of bias unsupported by substantial fact. Miller v. Miller, supra; Taylor v. Taylor, 359 So.2d 395, 398-399 (Ala.Civ.App.1978)." Acromag-Viking v. Blalock, 420 So.2d 60, 61 (Ala.1982).

In the instant case, Rollins presents documents which prove that Judge Sheffield filed a complaint against Rane with the Alabama Bar Association alleging perjury, political vindictiveness, and unfitness to practice law. In his complaint, Judge Sheffield asserted that Rane was in some way...