E2024-01523-COA-T10B-CV
Tenn. Ct. App.Nov 6, 2024Background
- This was an interlocutory appeal from the Sevier County Circuit Court’s denial of a motion to recuse Judge Adrienne Waters Ogle in a divorce proceeding (Dover v. Dover).
- The motion for recusal was based primarily on alleged bias arising from Judge Waters Ogle’s connection to a separate, high-profile case (the “Kars Lawsuit”) and an alleged unauthorized entry into the office of a litigant’s assistant, where confidential materials were stored.
- Judge Waters Ogle was previously a partner at the Green Firm, which is local counsel for plaintiffs in the Kars Lawsuit, but she did not participate in that litigation.
- Evidence submitted included affidavits, video clips, and a police report regarding the alleged entry into the office, but local law enforcement found no evidence of criminal wrongdoing or file tampering.
- The trial court denied recusal, finding no personal knowledge, participation, or relationship with the relevant attorneys and deeming the allegations speculative and unsupported by evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether recusal was required due to alleged bias or appearance of bias | Dover argued Judge Waters Ogle had a conflict due to her connections to the Kars Lawsuit and allegedly trespassed into a litigant’s office containing confidential files. | Dover (Appellee) countered there was no actual or perceived bias; Judge Waters Ogle was not involved in the Kars Lawsuit and law enforcement found the allegations unfounded. | No evidence of bias; recusal not warranted. |
| Whether alleged conduct during the recusal hearing showed a "pattern of bias" | Claimed judge’s courtroom behavior reflected partiality and refused to permit arguments or evidence. | Asserted the hearing was to announce a ruling, not an evidentiary hearing; nothing showed inability to be fair. | Court found no indication of pervasive bias or partiality. |
| Whether mere potential as a future witness in another case is grounds for recusal | Argued Judge Waters Ogle may become a material witness in the Kars Lawsuit, creating an appearance of impropriety. | Argued speculation over future developments does not require recusal. | Court found witness status speculative; no basis for recusal. |
| Whether recusal is required when complaints are filed against a judge | Argued complaints/ethical obligations regarding the judge demand recusal. | Filing a complaint alone does not constitute cause for recusal without evidence of bias. | Generally, no recusal required merely because a complaint is filed; no additional evidence shown here. |
Key Cases Cited
- Bean v. Bailey, 280 S.W.3d 798 (Tenn. 2009) (recusal is to avoid prejudged conclusions due to interest, partiality, or favor)
- Alley v. State, 882 S.W.2d 810 (Tenn. Crim. App. 1994) (not every bias or partiality warrants recusal—must be personal, extrajudicial, and pervasive)
- Moncier v. Bd. of Prof’l Responsibility, 406 S.W.3d 139 (Tenn. 2013) (filing a complaint against a judge does not automatically require recusal)