Ex Parte Rives

Although I concur in the result reached in this case, I feel compelled to make the following statement:

Canon 3 C(1) of the Canons of Judicial Ethics provides, "A judge should disqualify himself in a proceeding in which his disqualification is required by law or his impartiality mightreasonably be questioned. . . ." (Emphasis supplied). In interpreting this canon, the Alabama Supreme Court held that a trial judge was not required to recuse himself where "[t]here is nothing in the record to indicate that the alleged bias resulted 'in an opinion on the merits on some basis other than what the…