Susan Davis Malone v. Thomas Franklin Malone - DISSENT

Syllabus

I respectfully dissent from the majority's holding that recusal of the trial judge is not warranted in this case. The majority discusses each of Appellants' allegations concerning the trial court's bias. However, the majority fails to consider the cumulative effects of the trial court's actions, and wholly fails to consider the fact that the ultimate result of these actions is usurpation of the autonomous decisions Ms. Malone made for her own care when she was cornpetent to do so. Although the trial court negated Ms. Malone's well-established attorney-client relationship with Mr. Autry, Ms. Bleavins [together with Mr. Autry, \Attorneys\], and the Williams McDaniel firm, my dissent does not focus on Judge Townsend's rulings. Rather, in the context of recusal, I focus my dissent on the disparate treatment the trial judge showed to the Attorneys and the Williams McDaniel firm in reaching those decisions.