Lomas Sr., R. v. Kravitz, J., Aplts.

DISSENTING OPINION

CHIEF JUSTICE SAYLOR

Although I agree with the majority that a motion for recusal must be promptly filed, my view diverges from the majority’s application of the “earliest possible moment” standard and its conclusion that Appellants’ filing was untimely. Majority Opinion, at 389. I believe that, in the circumstances presented, Appellants’ submission was not late, and further, they demonstrated an appearance of impropriety, warranting the recusal of the full Montgomery County bench.

Beginning with the “earliest possible moment” precept, the language of this standard, if taken…