Opinion
367440
11-02-2023
People of Michigan v. Derrick Lee Cardello-Smith
LC No. 19-000756-01-FC
ORDER
Stephen L. Borrello, Judge, acting under MCR 2.003(D)(3), orders:
The motion to disqualify is DENIED. In my view, appellant has failed to allege grounds that might potentially warrant disqualification under MCR 2.003(C). Moreover, insofar as appellant requests that I either recuse myself or promise in advance-without knowing whether the prosecution may answer the delayed application in this case or what arguments it may raise-that I would rule in his favor if this case was submitted to me for decision, I am precluded from granting such a request under Canon 3(A)(7) of the Code of Judicial Conduct, which provides: "A judge shall not, in connection with cases, controversies, or issues that are likely to come before the court, make pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of judicial office."
If the moving party requests it in writing addressed to the Clerk's Office, the motion shall be referred to the Chief Judge for decision de novo. MCR 2.003(D)(3)(a).