303 So.3d 1095
La. Ct. App.2020Background
- M.M., age 57, had a dual diagnosis (schizoaffective disorder and mild intellectual disability); LDH petitioned for judicial commitment under Louisiana mental-health law.
- LDH attorney Edward Brossette failed to timely provide the required physician’s report, and LDH relocated M.M. to another facility without a signed commitment judgment; MHAS counsel Al Sale objected and raised developmental-disability statute concerns.
- Judge Robert Waddell repeatedly expressed on-the-record aggravation and characterized Brossette’s conduct as defiance of court orders.
- Waddell initiated contempt proceedings (direct and then constructive), fined and sentenced Brossette; Brossette moved for an impartial judge under La. C.C.P. arts. 151 and 154, citing Kidd v. Caldwell.
- The trial judge denied recusal and adjudicated constructive contempt; the appellate court reversed the denial of the motion to recuse, set aside the contempt conviction and sentence, and remanded for a new hearing before a different judge.
Issues
| Issue | Plaintiff's Argument (Brossette) | Defendant's Argument (State / Judge Waddell) | Held |
|---|---|---|---|
| Whether judge should be recused from hearing constructive contempt charges | Kidd requires that constructive contempt be tried by a judge other than the one toward whom the conduct was directed; Waddell demonstrated bias on the record | Judge argued no disqualifying bias; matter was not like Kidd and could be handled by the presiding judge | Trial judge abused discretion by denying recusal or referral; motion should have been referred or judge recused; reversal and remand for new hearing before another judge |
| Whether contempt adjudication may stand | Brossette argued the proceeding must be heard by an impartial judge; challenged the contempt on record and procedural grounds | Judge proceeded to adjudicate and impose penalty | Appellate court pretermitted review of contempt merits because of recusal error; contempt conviction and sentence set aside and remanded for retrial before a different judge |
Key Cases Cited
- Kidd v. Caldwell, 371 So. 2d 247 (La. 1979) (recusal considerations in contempt proceedings; appearance-of-justice concerns)
- In re Merritt, 391 So. 2d 440 (La. 1980) (post-Kidd discussion favoring another judge to try contempt in some circumstances)
- Daurbigney v. Liberty Pers. Ins. Co., 272 So. 3d 69 (La. App. 3 Cir. 2019) (recusal requires more than conclusory allegations; judge presumed impartial)
- Rippo v. Baker, 137 S. Ct. 905 (U.S. 2017) (objective due-process standard for judicial bias: probability of actual bias too high to be tolerable)
- State v. LaCaze, 239 So. 3d 807 (La. 2018) (adoption of objective probability-of-bias test for recusal)