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Dodson v. Singing River Hospital System3/6/2003
ircumstances" inquiry is appropriate in this case, and a reasonable person, not a lawyer or judge, might very well have harbored the same doubts about Judge Harkey's impartiality in this case.
. We are in no way questioning the integrity of Judge Harkey who has earned an outstanding reputation over his many years of public service. We likewise do not question the motive or integrity of the lawyers of Colingo Williams. But, we must be forever mindful of our duty to guard jealously "the public's confidence in the judicial process." Id. (quoting Liljeberg v. Health Servs. Acquisition Corp., 486 U.S. 847, 864, 108 S. Ct. 2194, 100 L. Ed. 2d 855 (1988)). We must be vigilant to avoid the appearance of impropriety in any and all of our proceedings as judges. See Code of Judicial Conduct Canon 2. Judge Harkey should have granted Dodson's motion to alter or amend and recused himself. CONCLUSION
. We find that under a totality of the circumstances analysis a reasonable person might have reasonable doubts as to Judge Harkey's impartiality in this case. We reverse the trial court's order denying Dodson's motion to alter or amend or for new trial, we vacate the trial court's judgment, and we remand for a new non-jury trial before another trial judge, and any other necessary proceedings consistent with this opinion.
. REVERSED AND REMANDED.
PITTMAN, C.J., SMITH, P.J., COBB AND CARLSON, JJ., CONCUR. DIAZ, J., CONCURS IN RESULT ONLY. McRAE, P.J., AND EASLEY, J., DISSENT WITHOUT SEPARATE WRITTEN OPINION. GRAVES, J., NOT PARTICIPATING.
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