Commonwealth v. Whitmore

Summary

The Supreme Court of Pennsylvania held that the Superior Court exceeded its authority by sua sponte removing the sentencing judge from a resentencing proceeding. The court explained that any recusal request should first be presented to the judge whose recusal is sought, whose decision is reviewed for abuse of discretion. The court reversed that portion of the Superior Court’s decision and remanded for resentencing before the original judge.

Holdings

1. The Superior Court exceeded its authority by sua sponte removing Judge Maier from the resentencing proceeding when no party had raised recusal and the judge had not been given the opportunity to address the issue.
2. A party seeking disqualification must file a recusal motion with the judge whose recusal is sought; that judge must decide the motion in the first instance, and the decision will not be disturbed absent an abuse of discretion.

Questions Presented

1. Whether the Superior Court exceeded its authority by sua sponte removing the sentencing judge from the resentencing proceeding when no party had requested recusal and the judge had not ruled on a recusal motion.
2. Whether the appropriate procedure required any recusal request to be presented initially to the sentencing judge, subject to review for abuse of discretion.

Disposition

reversed_and_remanded