Opinion
No. 2023-C-00317.
03-14-2023
Thomas D. FRYE, et ux. v. Richard Ingram BALLARD, M.D.
Applying For Writ Of Certiorari, Parish of Lincoln, 3rd Judicial District Court Number(s) 59,342, Court of Appeal, Second Circuit, Number(s) 54,813-CA.
Writ application granted. See per curiam.
Crichton, J., would deny.
McCallum, J., recused.
PER CURIAM.
Writ granted. "A judge is presumed to be impartial." Slaughter v. Bd. of Sup'rs of S. Univ. and Agric. & Mech. Coll., 10-1114 (La. App. 1 Cir. 8/2/11), 76 So.3d 465, 471, writ denied, 11-2112 (La. 1/13/12), 77 So.3d 970. In order to justify recusal on the grounds of bias, prejudice, or impartiality on the part of the judge, the claim must be of a substantial nature and based on more than conclusory allegations. State v. Doleman, 02-0957 (La. App. 4 Cir. 12/4/02), 835 So.2d 850. The facts presented in this case fail to establish the existence of "a substantial and objective basis that would reasonably be expected to prevent [Judge Hunter] from conducting any aspect of the cause in a fair and impartial manner," as required under LSA-C.C.P. art. 151. The judgment of the Second Circuit Court of Appeal, which granted the motion to recuse, is therefore reversed. The motion to recuse is denied and this matter is remanded for further proceedings.