Recused In One But Not The Other

A judge who recused herself in a divorce case because she had the same accountant as the wife did not err in declining to recuse herself from a domestic violence matter involving the same parties.

The New Hampshire Supreme Court so held 

On March 6, the day of the scheduled hearings, the respondent moved to recuse Judge Carbon from both the domestic violence and the divorce proceedings. He argued that recusal was required from both proceedings because the accountant who was scheduled to testify on the respondent’s behalf during the divorce proceeding also provided financial services to Judge Carbon. The respondent asserted that, although the accountant “w[ould] not testify in the domestic violence proceeding,” an “integral connection” existed between the domestic violence and the divorce proceedings such that Judge Carbon was required to recuse herself from both proceedings.

Following oral argument, Judge Carbon recused herself from the divorce proceeding, observing that the “Court could be accused of either giving undue preference to, or undervaluing the quality of, [the accountant’s] testimony” during the divorce hearing. However, she denied the motion seeking her recusal from the domestic violence proceeding, explaining that there was “no conflict of interest, nor any appearance of possible bias resulting from a shared professional when that person has no role whatsoever” in the domestic violence case. Accordingly, Judge Carbon presided over the March 6 domestic violence hearing, and the parties’ divorce proceeding was assigned to another judicial officer.

Recusal not required

Here, it was the accountant’s role as a witness in the divorce proceeding that caused Judge Carbon to recuse herself from that proceeding. However, because the accountant was not to be involved in the domestic violence proceeding in any manner, we conclude that a disinterested observer, fully informed of the facts, would not, in fact, entertain doubt that justice would be done.,,

Accordingly, we hold that Judge Carbon did not err by denying the motion to recuse herself from the domestic violence proceeding.

(Mike Frisch)