JEANIE HOLSCLAW v. IVY HALL NURSING HOME, INC. - Articles

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Posted by: Landry Butler on Dec 19, 2016

Head Comment: With concurring opinion by Dinkins and dissenting opinion by Susano

Court: TN Court of Appeals

Attorneys 1:

Mark A. Fulks, Johnson City, Tennessee, for the appellant, Ivy Hall Nursing Home, Inc.

Attorneys 2:

Anthony Alan Seaton, Johnson City, Tennessee, for the appellee, Jeanie Holsclaw.

Judge(s): STAFFORD

When asked to rule on the defendant's motion for physical examination by a certified rehabilitation counselor, the trial judge telephoned the director of a university department for information regarding the program in order to determine whether rehabilitation counselors "are even qualified to testify as experts." The trial judge disclosed the communication on the record and granted the examination. Later, the defendant filed a motion to recuse. The trial judge denied the motion and this accelerated interlocutory appeal followed. Because the trial judge learned information concerning facts in dispute from an extrajudicial source, we conclude that recusal is required by Canon 2.11 of the Tennessee Code of Judicial Conduct.