All Craighead County Circuit Judges Recused in Anderson vs. Jonesboro; New Judge Assigned

JONESBORO, Ark. – All Craighead County Circuit Court judges have now recused themselves in the case of Rachel Anderson vs. the City of Jonesboro, its mayor, and police chief.

Circuit Judge Charles M. “Skip” Mooney, Jr. signed an order of recusal on Thursday, Dec. 28. Citing Rule 2.11(A) of the Arkansas Code of Judicial Conduct, Mooney wrote, “a judge shall disqualify or recuse in any proceeding in which the judge’s impartiality might reasonably be questioned, and therefore, the Court recuses in the above-styled case.”

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The rules cited in the order say the following:

Rule 2.11 – Disqualification
(A) A judge shall disqualify himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned, including but not limited to the following circumstances:
(1) The judge has a personal bias or prejudice concerning a party or a party’s lawyer, or
personal knowledge of facts that are in dispute in the proceeding.
(2) The judge knows that the judge, the judge’s spouse or domestic partner, or a person within the third degree of relationship to either of them, or the spouse or domestic partner of such a person is:
(a) a party to the proceeding, or an officer, director, general partner, managing member, or trustee of a party;
(b) acting as a lawyer in the proceeding;
(c) a person who has more than a de minimis interest that could be substantially affected by the proceeding; or
(d) likely to be a material witness in the proceeding.
(3) The judge knows that he or she, individually or as a fiduciary, or the judge’s spouse, domestic partner, parent, or child, or any other member of the judge’s family residing in the judge’s household, has an economic interest in the subject matter in controversy or in a party to the proceeding.
(4) [Reserved]
(5) The judge, while a judge or a judicial candidate, has made a public statement, other than in a court proceeding, judicial decision, or opinion, that commits or appears to commit the judge to reach a particular result or rule in a particular way in the proceeding or controversy.
(6) The judge:
(a) served as a lawyer in the matter in controversy, or was associated with a
lawyer who participated substantially as a lawyer in the matter during such
association;
(b) served in governmental employment, and in such capacity participated
personally and substantially as a lawyer or public official concerning the
proceeding, or has publicly expressed in such capacity an opinion concerning the merits of the particular matter in controversy;
(c) was a material witness concerning the matter; or
(d) previously presided as a judge over the matter in another court.

Arkansas Judicial Code of Conduct

Court records show all Craighead County Circuit Judges have now recused from the case. Friday morning, Dec. 29, the clerk randomly assigned the case to the Honorable Kimberly Boling Bibb, Second Judicial Circuit, Division 8. Judge Bibb serves the Second Judicial Circuit out of Greene County.

Presently, both sides await a decision on the plaintiff’s request for a preliminary injunction and name-clearing hearing, which the City of Jonesboro most recently responded to. In the response, the city alleges that Anderson did not request a name-clearing hearing. Anderson contends through her attorney that she did, and can prove it.

Update: Sources say Judge Bibb is recusing from the case, as well. NEA Report is working to confirm.