“To succeed on a motion to disqualify a judge for bias, the movant mustshow that the judge's actions were the result of personal bias developed froma nonjudicial source.” (See Hanson v. Hanson (2002) 36 P.3d 1181, 1184(Alaska 2002)
Purpose and Significance of a Motion to Recuse Judge
“Alaska Statute 22.20.020(a) requires disqualification of a judge whenthe judicial officer feels that, for any reason, a fair and impartial decisioncannot be given.” (See Hanson v. Hanson (2002) 36 P.3d 1181, 1184; AS22.20.020(a)(9).)
“A judicial officer must disqualify himself or herself in anyproceeding in which the judicial officer's impartiality might reasonably bequestioned.”(See id; Amidon v. State (1979) 604 P.2d 575, 578; Perotti v. State (1991) 806P.2d 325, 327.)
“In addition, the Alaska Code of Judicial Conduct requires that [i]n theperformance of judicial duties, a judge shall act without bias or prejudiceand shall not manifest [such bias or prejudice] by words or conduct.”(See id; Alaska Code of Judicial Conduct Canon 3(B)(5).)
“Canon 3(E) of the Code requires disqualification of the judge in aproceeding in which the judge's impartiality might reasonably be questioned[because] the judge has a personal bias or prejudice concerning a party or aparty's lawyer.” (See id; Alaska Code of Judicial Conduct Canon3(E)(1)(a).)
“[A] judge is not disqualified from presiding over a case merely becausethe judge has previously made adverse findings regarding a party.And a party seeking disqualification must show that the judge's actions‘were the result of personal bias developed from a nonjudicialsource.’”(See Johnson v. Johnson (2017) 394 P.3d 598, 603-04.)
Rules for Filing a Motion to Recuse Judge
“The Alaska Code of Judicial Conduct establishes standards for ethicalconduct of judges and provides a structure for regulating conduct throughdisciplinary agencies. It is to be applied consistently with constitutionalrequirements, statutes, other court rules and decisional law and in thecontext of all relevant circ*mstances.” (See Mitchell v. Teck ComincoAlaska Inc. (2008) 193 P.3d 751, 764.)
“Alaska Code of Judicial Conduct Canon 3(E)(1) provides that if thejudge's impartiality might reasonably be questioned, the judge shalldisqualify himself or herself. This requirement includes instances where:(a) the judge has a personal bias or prejudice concerning aparty...”(See Greenway v. Heathcott (2013) 294 P.3d 1056, 1063.)
“The commentary to Canon 3 E(1) provides that a judge should disclose onthe record information that the judge believes the parties or their lawyersmight consider relevant to the question of disqualification, even if the judgebelieves there is no real basis for disqualification.” (See Mitchell v.Teck Cominco Alaska Inc. (2008) 193 P.3d 751, 765 n.54; Alaska Code ofJudicial Conduct Canon 3 E(1) cmt.)
Proving Judicial Bias
“Actual bias exists when a judge's actions were the result of personalbias developed from a nonjudicial source. But actual bias also may exist when,based on facts presented or events occurring in court, a judge reaches anopinion about a party or lawyer that is so extreme as to display clearinability to render fair judgment.” (See Mohammed S. v. Abeir E., No.S-18393, at *31-32 (Alaska Aug. 9, 2023).)
“An appearance of bias arises when a fair-minded person consideringthe facts and circ*mstances would reasonably suspect that the judge'sability or willingness to decide the case fairly would be compromised by thejudge's feelings about, or toward a party or lawyer.”(See id; Hanson v. Hanson (2001) 36 P.3d 1181, 1184; Nelson v. Jones (1989)781 P.2d 964, 972.)
“A greater showing is necessary for recusal based on an appearance ofbias. When a judge is challenged for actual bias, we review the denial ofrecusal for abuse of discretion, but when a challenge is based on anappearance of bias, we review the denial of recusal de novo as a matter oflaw.” (See id; State v. Graham (2022) 513 P.3d 1046, 1070; Perotti v.State (1991) 806 P.2d 325, 328.)
“Importantly, interpretations of the law are not sufficient todemonstrate the existence of bias. Likewise, [m]ere evidence that a judge hasexercised his judicial discretion in a particular way is not sufficient torequire disqualification.” (See id; Jourdan v. Nationsbanc Mortg. Corp.(2002) 42 P.3d 1072, 1082.)
“We will not overturn a judge's [recusal] decision unless it is plainthat a fair-minded person could not rationally come to that conclusion onthe basis of the known facts.”(See id; DeNardo v. Maassen (2009) 200 P.3d 305, 310; Amidon v. State (1979)604 P.2d 575, 577.)
Standard of review in Deciding a Motion to Recuse Judge
“A party seeking to disqualify a judge for bias must show that thejudge's actions were the result of personal bias developed from a nonjudicialsource.” (See Vickers v. State (2008) 175 P.3d 1280, 1286; Pride v.Harris (1994) 882 P.2d 381, 385; Hanson v. Hanson (2001) 36 P.3d 1181, 1184.)
“Although we review the denial of a motion to disqualify a judgebased on actual bias for abuse of discretion, we independently review arequest for disqualification of a judge based on the appearance ofimpropriety.”(See Jerry B. v. Sally B. (2016) 377 P.3d 916, 924; Greenway v. Heathcott(2013) 294 P.3d 1056, 1062; Wasserman v. Bartholomew (2002) 38 P.3d 1162,1170; Jerry B. v. Sally B. (216) 377 P.3d 916, 924 n.15.)
“However, where a party asserts only an appearance of partiality, asdistinguished from actual bias, we require the complaining party to make a‘greater showing’ for reversal.” (See id; Carr v. Carr(2007) 152 P.3d 450, 459; Long v. Long (1991) 816 P.2d 145, 156.)
“We review constitutional questions de novo, and will adopt the rule oflaw that is most persuasive in light of precedent, reason, and policy.”(See Jerry B. v. Sally B. (2016) 377 P.3d 916, 924-25.)
Notable Decisions Discussing a Motion to Recuse Judge
“In Alaska, a judge has an obligation not to order disqualification “when there is no occasion to do so. Trial judges are often called upon to compartmentalize their decisions—to review evidence that is later declared to be inadmissable or to rule on similar legal issues at different stages of a contested case. Generally, these decisions do not create an appearance of impropriety unless the judge hears something or does something so prejudicial that further participation would be unfair to the parties." (See Grace L. v. State (2014) 329 P.3d 980, 988-89; Amidon v. State (1979) 604 P.2d 575, 577; Lacher v. Lacher (1999) 993 P.2d 413, 420–21.)
“The judicial officer, in making his determination to disqualify himself, is required by the Code of Judicial Conduct to give weight to the appearance of impartiality. Canon 3(C)(1) provides: A judge should disqualify himself in a proceeding in which his impartiality might reasonably be questioned. AS 22.20.020(a)(6), which governs disqualifications, does not provide for disqualification where the sole concern is maintenance of the appearance of impartiality. We believe that, in light of the importance of promoting public confidence in the integrity and impartiality of the judiciary, (Cannon 2(A), Code of Judicial Conduct) it would be well to permit disqualification under such circ*mstances, and we respectfully recommend it to the legislature.” (See Amidon v. State (1979) 604 P.2d 575, 578.)
