Stilley v. Perry

Summary

The Supreme Court of Arkansas addresses Oscar Stilley’s motions for recusal and reconsideration. The court declines recusal, grants reconsideration to permit expansion of the appellate record, declines to order entry of a final order or recusal of the circuit judge by extraordinary writ, and resets the briefing schedule.

Holdings

1. Recusal was not required because Stilley provided no reason showing that the justices were biased against him; recusal matters are discretionary with the individual judges involved.
2. Neither an evidentiary hearing nor five minutes of oral argument was required on the recusal motion.
3. The petition for reconsideration was granted insofar as it sought certiorari to complete the record, and the writ issued with a fifteen-day deadline.
4. Mandamus was properly denied because the circuit court believed no additional order was warranted and the issue was not an appropriate subject for an extraordinary writ.
5. Prohibition was not proper to command the circuit judge to recuse; a recusal motion must first be directed to the circuit court and, if denied, may be raised on appeal.

Questions Presented

1. Whether the Arkansas Supreme Court justices were required to recuse themselves because the court had referred a matter involving Stilley to the Professional Conduct Committee.
2. Whether Stilley was entitled to oral argument on his motion for recusal.
3. Whether reconsideration should be granted to permit expansion of the appellate record through certiorari.
4. Whether mandamus should issue to compel the circuit court to enter a final order.
5. Whether prohibition should issue to require the circuit judge to recuse.

Disposition

writ_granted