Background
Michael Wade sought supervisory review in a capital prosecution pending in Louisiana’s 19th Judicial District Court for East Baton Rouge Parish. The writ proceeding concerned the trial judge’s written order recusing herself from the case.
According to Judge Stromberg’s dissent, Judge Greggs explained that she had never received certification to preside over death-penalty litigation and believed the Louisiana Supreme Court had mandated death-penalty training before a judge could preside over a capital case. Judge Stromberg stated that this belief was unfounded.
The Court’s Holding
The Louisiana Court of Appeal, First Circuit denied Wade’s supervisory writ application. The majority’s order stated only “WRIT DENIED” and supplied no reasoning or express ruling on whether the trial judge’s recusal was legally proper.
Judge Stromberg dissented. Citing In re Lemoine, she reasoned that judges have a sworn obligation to decide cases properly before them and may not transfer that responsibility without good and legal cause. Because the asserted training mandate did not exist, she concluded that the record presented no good or legal cause for recusal and would have granted the writ.
Key Takeaways
- The court denied supervisory relief without issuing a reasoned majority opinion.
- The order left the trial judge’s recusal undisturbed but did not expressly endorse its stated rationale.
- The dissent concluded that an unfounded belief about mandatory capital-case training did not supply good or legal cause for recusal.
Why It Matters
The order highlights the tension between concerns about a judge’s preparedness to oversee capital litigation and the judge’s duty to hear assigned cases absent a legally sufficient ground for recusal. Because the majority gave no reasons, the decision provides limited precedential guidance on that issue.
For practitioners, the dissent underscores the importance of establishing a factually and legally supported basis for judicial recusal, particularly when reassignment would affect a capital prosecution.