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Dodson v. Singing River Hospital System3/6/2003
agraph we stated, "This presumption may only be overcome by evidence showing beyond a reasonable doubt that the judge was biased or not qualified." Id. (emphasis added). In Norton, we quoted Collins in applying the "beyond a reasonable doubt" burden. 742 So. 2d at 131. Also, in Upton, we cited Bredemeier and Turner as the sources of the beyond a reasonable doubt burden when both of those cases clearly applied the "produces a reasonable doubt" burden. Upton, 761 So. 2d at 172. See Bredemeier, 689 So. 2d at 774 (quoting Turner); Turner, 573 So. 2d at 678 (applying "must produce a reasonable doubt" burden).
. The stringent "beyond a reasonable doubt" burden is, in our opinion, incompatible with the standard of a hypothetical "reasonable person knowing all the circumstances." The proper standard is that recusal is required when the evidence produces a reasonable doubt as to the judge's impartiality. The misapplication of the "beyond a reasonable doubt" burden in the above-discussed cases was nothing more than a minor oversight and would have led to the same conclusion. We now clarify the burden of proof from what was previously stated in Upton, Norton, and Collins.
. In our opinion, a reasonable person knowing all the circumstances here would have a reasonable doubt regarding Judge Harkey's impartiality in this case. James Heidelberg, a Colingo Williams partner, served as treasurer in Judge Harkey's election campaign. Another Colingo Williams lawyer served as attorney of record in the estate proceedings of Judge Harkey's mother. Other Colingo Williams lawyers represented Judge Harkey and his wife for four years in a defective residential construction case. At no time was Judge Harkey or his wife charged for the services rendered in the residential construction case. Judge Harkey also recused himself in the Wesley v. Jackson County Bd. of Supervisors case when it was disclosed that Heidelberg served as Harkey's campaign treasurer. Judge Harkey also met with Heidelberg at the Colingo Williams law office to discuss the issue of recusal in that case. At that meeting, remarks were made by Colingo concerning future campaign contributions although both sides strenuously contest the exact meaning and tenor of those remarks. Similar remarks were also made at another meeting attended by Colingo Williams lawyers and plaintiff's counsel in another case. What is compelling about Judge Harkey's recusal in Wesley v. Jackson County Bd. of Supervisors is at the time he recused himself from that case, he had taken Dodson's case under advisement and had not yet rendered a decision. When viewed as a whole, an objective reasonable person knowing all of these circumstances would harbor doubts as to Judge Harkey's impartiality in this case.
. Justice Banks's concurring opinion in Collins v. Joshi, 611 So. 2d 898 (Miss. 1992), supports this position. In Collins, the trial judge had represented the trustees of Neshoba County General Hospital, one of the defendants in the subject suit, for four years. 611 So. 2d at 900. Neshoba General hired Dr. Joshi, another defendant, during the judge's representation of the hospital. Id. The judge had also sued Dr. Soriano, the plaintiff's expert witness, on behalf of the hospital. Id. The majority concluded that the judge should have recused himself. Justice Banks wrote separately and stated, "In my view, while none of the factors standing alone would necessarily dictate recusal in the instant case, in combination they create reasonable doubt as to impartiality. . . ." Id. at 903. He also found a "totality of circumstances which compel the conclusion that 'a reasonable person might harbor doubts' about the judge's impartiality." Id. (emphasis added). That same "totality of c
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