State ex rel. Jones v. Judges of the Tenth Judicial District
Supreme Court of Louisiana
APPEAL from tlie First and Tentli District Courts, Parish of DeSoto. Taylor, J., aml-Hall, J. 1. A district judge cannot recuse himself except for sufficient legal causo, as specifically provided by law.
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APPEAL from tlie First and Tentli District Courts, Parish of DeSoto. Taylor, J., aml-Hall, J. 1. A district judge cannot recuse himself except for sufficient legal causo, as specifically provided by law. C. P. Art. 340; 2 Ann. 40, 503; 9 Ann. 321. 2. A district judge who orroneously recuses himself in a criminal case without a legal cause, as specifically provided hy law, and thereupon declines to try such case under a mistaken sense of duty in respect of such question of law, preliminary to the whole case, may be compelled by mandamus to try such case, and the judge of au adjoining district…
1Opinion of the Court
Tlie opinion of tlie Court was delivered by
Bermudez, C. J.
This is an application for a mandamus to compel *320tlie judge of the Tenth Judicial .District, to try a criminal case, pending before the court over which he presides and in which he lias recused himself propria motu.
The application is coupled with a prayer for a prohibition to prevent the judge of the First Judicial District, appointed to act in the place of the recusing judge, from trying said case.
The judge of the Tenth District returns, admitting the facts alleged, but justifying his condirct by averring that he is connected by…
2Cited by5 opinions
- State v. BoasbergSupreme Court of Louisiana · 1909
- State v. BantaSupreme Court of Louisiana · 1908
- State v. PerkinsSupreme Court of Louisiana · 1909
- State v. DavisSupreme Court of Louisiana · 1923
- State v. DavisSupreme Court of Louisiana · 1923