Canarelli v. Eighth Judicial District Court

Summary

The Nevada Supreme Court granted a petition for a writ of mandamus and directed the chief judge to reinstate Judge Gloria J. Sturman in the underlying trust proceeding. The court held that when alleged judicial bias arises from a judge’s performance of judicial duties, the Kirksey standard applies, requiring evidence of deep-seated favoritism or antagonism that would make fair judgment impossible; reviewing privileged discovery materials did not satisfy that standard.

Holdings

1. The Nevada Supreme Court may exercise its discretion to entertain the writ petition because it presents an issue of first impression with statewide importance and clarification would promote judicial economy.
2. When alleged judicial bias arises from the judge's exercise of judicial duties rather than an extrajudicial source, the Kirksey standard governs: the party seeking disqualification must show that the judge formed an opinion displaying deep-seated favoritism or antagonism that would make fair judgment impossible.
3. Judge Sturman was not shown to be disqualified because the record contained no evidence that her review of the notes caused her to form an opinion displaying deep-seated favoritism or antagonism against either party.

Questions Presented

1. Whether the Nevada Supreme Court should exercise its discretion to consider a writ petition challenging an interlocutory judicial-disqualification order.
2. Whether the Kirksey deep-seated-favoritism-or-antagonism standard, rather than the objective standard in Nevada Code of Judicial Conduct Rule 2.11(A), governs disqualification when the alleged bias arises from a judge's performance of judicial duties.
3. Whether the record showed that Judge Sturman formed an opinion demonstrating deep-seated favoritism or antagonism that would make fair judgment impossible.

Disposition

writ_granted