This is what happens when 5 Justices on the COA recuse themselves

In the case of Toulman Boatwright Jr v. Grace Boatwright, five justices recused themselves.  Apparently the COA needs six for a quorum so the Miss. S. Ct appointed Hon. Hollis McGehee to sit as a sixth COA Justice on the case. See the Order here.  The Boatwrights divorced in 2004 and have been litigating various matters arising out of the divorce ever since.

This can’t happen very often, I would think.

2 thoughts on “This is what happens when 5 Justices on the COA recuse themselves

  1. Pingback: A Recusal Circus | The Better Chancery Practice Blog

  2. It’s a really nasty divorce. Boatwright asked the late Chancellor Ed Roberts to recuse himself and the motion was denied and he or his attorney was sanctioned $5,000 just for asking, which I’ve never heard of. But later on he recused himself on his own motion preemptively after he had issued orders but just before awarding attorney fees, and the case was transferred to Chancellor Alderson. Boatwright asked Alderson for a new trial, and he ruled that it would be improper for him to make the decision on whether Roberts had acted properly or not. BUT, the Supreme Court ruled that Alderson should make the ruling, effectively asking him to serve as Roberts’ appellate judge. It’s a real cluster.

    Anyway, COA judge Larry Roberts is Ed Roberts’ brother. I’m surprised they all didn’t recuse themselves.

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