Opinion
NO. 2015 CW 0767
08-28-2015
PONTCHARTRAIN NATURAL GAS SYSTEM, K/D/S PROMIX, LLC, AND ACADIAN GAS PIPELINE SYSTEM v. TEXAS BRINE COMPANY, LLC
In Re: Liberty Insurance Underwriters, Inc., applying for supervisory writs, 23rd Judicial District Court, Parish of Assumption, No. 34265. BEFORE: McDONALD, McCLENDON AND THERIOT, JJ.
WRIT GRANTED. The district court's judgment of April 20, 2015, denying Liberty Insurance Underwriters Inc.'s motion to recuse is hereby reversed, and judgment is entered granting the motion to recuse Judge Alvin Turner. We find that Travis J. Turner was employed as an attorney in the cause before Judge 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). Moreover, a judge should disqualify himself in a proceeding in which the judge's impartiality might reasonably be questioned. See Canon 3(C) of the Code of Judicial Conduct. Therefore, this case is remanded to the district court for reallotment of this matter to another Division.
JMM
MRT
McClendon, J., concurs. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT