Opinion
No. 16-KK-0472
05-20-2016
STATE OF LOUISIANA v. JONATHAN JOHNSON
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF CALCASIEU Crichton, J., additionally concurs and assigns reasons.
I agree with the majority, and write separately to point out that, in my view, this case did not present a close call. The facts indicate that Judge Wilson was required to recuse herself under the mandatory language of La. C.Cr.P. art. 671 ("In a criminal case a judge of any court, trial or appellate, shall be recused when [s]he . . . (3) has been employed or consulted as an attorney in the cause. . . .") (emphasis added). I therefore find the trial court abused its discretion in denying the motion to recuse and wholeheartedly agree with the decision to reverse that judgment.