Camille E. Dean, Co-Personal Representative of the Estate of David H. Dean, Sr.; David H. Dean, Jr., Co-Personal Representative of the Estate of David H. Dean, Sr.; Robert J. Burns, Sr., Co-Personal Representative of the Estate of David H. Dean, Sr.; Camille E. Dean, Individually; Camille E. Dean, Beneficiary of the Estate of David H. Dean, Sr.; David H. Dean, Jr., Individually; David H. Dean, Jr., Beneficiary of the Estate of David H. Dean, Sr. v. John T. Bondurant; Winston E. Miller; Frost, Brown & Todd, LLC; Frost, Brown & Todd, LLC, and Its Predecessors in Interest; Brown, Todd & Heyburn, PLLC, a Partnership

Summary

The Kentucky Supreme Court addresses a motion seeking Justice Roach’s recusal from consideration of a motion for discretionary review. The motion was based principally on campaign contributions and fundraising connections involving counsel and parties associated with a respondent law firm. Justice Roach grants the motion, relying on the cumulative contributions associated with the firm and the fact that the movants seeking recusal would be adversely affected by his absence.

Holdings

1. A lawful campaign contribution by a litigant or counsel, without additional circumstances raising a reasonable question about impartiality, is not by itself a legally sufficient basis for judicial recusal.
2. Recusal was warranted because the circumstances involved numerous contributions associated with a law firm that was itself a party, together with the fact that the parties requesting recusal were the same parties who would be disadvantaged in seeking discretionary review by the justice's absence.

Questions Presented

1. Whether Justice Roach's receipt of campaign contributions from respondents, respondents' counsel, and attorneys associated with a respondent law firm required recusal.
2. Whether the cumulative circumstances, including the contributions, the firm's status as a party, the amount and number of contributions, and the fact that the movants seeking discretionary review would be adversely affected by recusal, created an objectively reasonable basis to question impartiality.

Disposition

other