STATE of Louisiana v. Jonathan JOHNSON

In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. F, No. 15335-2013; to the Court of Appeal, Third Circuit, No. KW 15-01125.

11 Granted. Considering the unique circumstances of this case, we And the interests of justice require the recusal of the trial judge. Accordingly, the judgment of the district court is reversed, and the motion for recusal granted. This court will appoint an ad hoc judge from outside the district to preside over the case.

CRICHTON, J., additionally concurs and assigns reasons.

CRICHTON, J.,

additionally concurs and assigns reasons.

hi 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.