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Wilson v. McNeely

The trial court should have recused herself from the plaintiff's legal malpractice action, since the defendant was also a judge sitting within the same circuit as the trial judge.

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Gary N. Wilson filed suit in the Superior Court of Emanuel County against Richard M. McNeely for legal malpractice in connection with a real estate closing. A jury returned a verdict in favor of McNeely, and the trial court dismissed the jurors. The court next held Wilson’s lawyer, David W. Fry, in criminal contempt “for the things he said in closing argument,” without having given him a hearing. The court then terminated court proceedings. In Case No. A08A1307, Wilson challenges the judgment entered in favor of McNeely. He contends that the trial court erred by denying his motion for recusal, showing that the defendant McNeely was a judge sitting on the same circuit as the trial court judge; by denying his motion to change venue, asserting that voir dire revealed that a large percentage of the jurors either knew McNeely, had done business with him, or had other substantial connections with him; by refusing to allow the charge conference to be recorded; by giving jury instructions that he claims were confusing and incomplete; and by denying his several motions for mistrial. Because Wilson has shown that the trial judge should have recused herself, the orders entered in the case by the judge are hereby ordered vacated as void. Wilson’s remaining contentions are therefore moot.

In Case No. A08A1308, Fry contests the order entered holding him in criminal contempt. For reasons that follow, we vacate that judgment.

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