State v. Fleming

Jordan, Presiding Justice.

This case presents a question apparently never squarely addressed by Georgia courts before, i.e., whether a trial judge, faced with a motion to recuse, may preside over his own evidentiary, recusal hearing.1

Judge H. W. Lott denied a motion to disqualify himself filed on behalf of the State of Georgia by the *701district attorney handling the state’s case against Larry Donnell Fleming. The district attorney’s affidavit contained in his recusal motion alleged, among other things, that the trial judge was personally biased and prejudiced against the district attorney. In…