State Ex Rel. Brown v. Dietrick

MILLER, Justice:

In this appeal from a habeas corpus proceeding, we consider whether the Circuit Court of Jefferson County 1 was correct in holding that a search warrant issued by a magistrate was void because the magistrate was married to the chief of police and one of his officers had procured the warrant.

The lower court determined that because the magistrate was married to the chief of police there was a violation of Canon 3C(1) and 3C(l)(d) of the Judicial Code of Ethics. 2 The former provision requires the recusal of a judge if his impartiality might reasonably be questioned; the latter…