THOMAS D. DENNEY, EX REL. DOGHOUSE COMPUTERS, INC. v. CHRISTOPHER TAYLOR RATHER - Articles

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THOMAS D. DENNEY, EX REL. DOGHOUSE COMPUTERS, INC. v. CHRISTOPHER TAYLOR RATHER

Posted by: Karen Belcher on Jan 19, 2023

Court: TN Court of Appeals

Attorneys 1: Laurence M. McMillan, Jr., Clarksville, Tennessee, for the appellant, Thomas D. Denney, ex rel. Doghouse Computers, Inc.

Attorneys 2: Taylor R. Dahl, Clarksville, Tennessee, for the appellee, Christopher Taylor Rather.

Judge(s): USMAN

This is an accelerated interlocutory appeal as of right pursuant to Rule 10B of the Rules of the Supreme Court of Tennessee from the chancery court’s denial of a motion to recuse. A new chancellor, during the course of a judicial election and shortly after the election was held, made extremely critical comments regarding the personal and professional character of his opponent, the incumbent chancellor. The challenger won the election, and the former chancellor, who has returned to practice, is now representing a party before the new chancellor. The former chancellor moved for the new chancellor’s recusal in cases in which the former chancellor is appearing as counsel as well as recusal from cases involving the law firm which the former chancellor joined after losing the judicial election. The new chancellor denied the motion. On appeal, we conclude that, even in the absence of actual bias, based upon concern about the appearance of bias toward the former chancellor, recusal is warranted. This concern does not extend to the law firm the former chancellor has joined. Accordingly, we reverse the denial of recusal insofar as it concerns the former chancellor but affirm the denial of recusal insofar as it concerns the law firm.

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