Opinion
NO. 2014 CW 1739
08-14-2015
GUSTAVE J. LABARRE, JR. v. OCCIDENTAL CHEMICAL COMPANY AND TEXAS BRINE COMPANY, LLC
In Re: Liberty Insurance Underwriters, Inc., applying for supervisory writs, 23rd Judicial District Court, Parish of Assumption, No. 33796. BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.
WRIT DENIED. We find that based on the evidence proffered at the hearing on the remand, Travis J. Turner was employed as an attorney in the cause pending before his father, Judge Alvin Turner, which is a ground for mandatory recusal. La. Code Civ. P. art. 151(A) (3). Furthermore, we find that his participation in the cause was such that his withdrawal did not cure the mandatory ground for Judge Turner's recusal. In re Aetna Casualty and Surety Company, 919 F.2d 1136 (6th Cir. 1990). We further find, after a de novo review, that the trial court was not erroneous in finding that Travis J. Turner's employment in the cause pending before his father created an appearance of impropriety. Tolmas v. Jefferson, 2012-0555 (La. 4/27/12), 87 So.3d 855 (per curiam). Thus the ruling recusing Judge Alvin Turner from this case is affirmed.
TMH
VGW
McClendon, J., concurs. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT