We disagree. The issue of judicial disqualification is reviewed de novo as a question of law. Kloian v Schwartz, 272 Mich App 232, 244; 725 NW2d 671 (2006); Armstrong v Ypsilanti Charter Twp, 248 Mich App 573, 596; 640 NW2d 321 (2001). MCR 2.003(C)(1) provides, in relevant part, that disqualification of a judge is warranted when:
"When this Court reviews a motion to disqualify a judge, the trial court's findings of fact are reviewed for an abuse of discretion; however, the applicability of the facts to relevant law is reviewed de novo." Armstrong v Ypsilanti Charter Twp, 248 Mich App 573, 596; 640 NW2d 321 (2001). "An abuse of discretion occurs when the trial court's decision is outside the range of reasonable and principled outcomes."
"A judge, a legislator, and the elective or highest appointive executive official of all levels of government are immune from tort liability for injuries to persons or damages to property if he or she is acting within the scope of his or her judicial, legislative, or executive authority."Armstrong v Ypsilanti Charter Twp, 248 Mich App 573, 594; 640 NW2d 321 (2001). MCL 691.1407(5).
"A judge, a legislator, and the elective or highest appointive executive official of all levels of government are immune from tort liability for injuries to persons or damages to property if he or she is acting within the scope of his or her judicial, legislative, or executive authority."Armstrong v Ypsilanti Charter Twp, 248 Mich App 573, 594; 640 NW2d 321 (2001). MCL 691.1407(5).
This Court reviews a trial court's factual findings on a motion for disqualification for an abuse of discretion, but the application of the law to the facts is reviewed de novo. Armstrong v. Ypsilanti Charter Twp., 248 Mich.App. 573, 596, 640 N.W.2d 321 (2001). On January 26, 2007, defense counsel engaged in an after-court conversation with the trial judge.
"When this Court reviews a motion to disqualify a judge, the trial court's findings of fact are reviewed for an abuse of discretion; however, the applicability of the facts to relevant law is reviewed de novo." Armstrong v Ypsilanti Twp, 248 Mich App 573, 596; 640 NW2d 321 (2001). "An abuse of discretion occurs when the trial court's decision is outside the range of reasonable and principled outcomes."
"When this Court reviews a motion to disqualify a judge, the trial court's findings of fact are reviewed for an abuse of discretion; however, the applicability of the facts to relevant law is reviewed de novo." Armstrong v Ypsilanti Charter Twp, 248 Mich App 573, 596; 640 NW2d 321 (2001). "An abuse of discretion occurs when the decision is outside the range of reasonable and principled outcomes."
And the Michigan Court of Appeals has concluded that the immunity provided by Mich. Comp. Laws § 691.1407(5) does apply to intentional torts. Nicklas v. Koelling, Nos. 248870 & 248871, 2004 WL 2808904 at *1 (Mich.Ct.App.2004) (citing Armstrong v. Ypsilanti Charter Twp., 248 Mich.App. 573, 594, 640 N.W.2d 321, 333 (2001)). As to Plaintiffs' second argument—that Saltzman was not acting within the scope of her authority as guardian ad litem—the Court agrees with Saltzman that all of the acts alleged in the complaint were committed when she was acting within the scope of her authority as guardian ad litem.
Armstrong v Ypsilanti Charter Twp, 248 Mich.App. 573, 597; 640 N.W.2d 321 (2001) (citations omitted).
When reviewing a judicial-disqualification motion, this Court reviews the trial court's findings of fact for an abuse of discretion and reviews de novo the application of the facts to the law. Armstrong v Ypsilanti Charter Twp, 248 Mich App 573, 596; 640 NW2d 321 (2001). The court abuses its discretion when its decision falls outside the range of principled outcomes.