Friends of the Chattahoochee, Inc. v. Longleaf Energy Associates, LLC, 285 Ga. 859

Summary

Justice Nahmias explains his recusal from the case because his wife is an equity partner at King & Spalding, which represented parties before the Supreme Court of Georgia. The statement discusses Georgia's judicial disqualification statute and Canon 3(E), concluding that recusal is required when King & Spalding attorneys actively represent a party before the Court.

Holdings

1. Justice Nahmias would disqualify himself from any case in which King & Spalding lawyers were actively representing a party before the Supreme Court of Georgia, including this case, because the circumstances created an appearance that his impartiality might reasonably be questioned.
2. No motion to disqualify Justice Nahmias is necessary when King & Spalding lawyers are actively representing a party before the court. If the parties and counsel unanimously agree that he should participate, they may file a motion for remittal under Canon 3(F), after which he will decide in the first instance whether he is willing to participate, subject to the court's ultimate decision.

Questions Presented

1. Whether Justice Nahmias should be disqualified from participating in a case in which attorneys from the law firm where his wife was an equity partner were actively representing a party.
2. Whether a motion to recuse is required in future cases involving active King & Spalding representation, and whether the parties may seek remittal or waiver of the disqualification.

Disposition

other