Ex parte Alabama Dept. of Revenue, [Ms. 1190826, Oct. 30, 2020], ___ So. 3d ___ (Ala. 2020). The Court (Bolin,
J.; Shaw, Wise, Bryan, Stewart, and Mitchell, JJ., concur; Parker, C.J.,
and Sellers, J., concur in the result) issues a writ of mandamus requiring
Judge Hardaway to recuse himself in Greenetrack’s appeal of a $75
million dollar tax assessment.
“A mandamus petition is a proper method by which to seek review of
a trial court’s denial of a motion to recuse.
Ex parte City of Dothan Pers. Bd., 831So. 2d 1, 5 (Ala. 2002);
Ex parte Cotton, 638 So. 2d 870, 872 (Ala. 1994),
abrogated on other grounds,
Ex parte Crawford, 686 So. 2d 196 (Ala. 1996). A trial judge’s ruling on a motion
to recuse is reviewed to determine whether the judge exceeded his or her
discretion. See
Borders v. City of Huntsville, 875So. 2d 1168,1176 (Ala. 2003). The necessity for recusal is evaluated
by the ‘totality of the facts’ and circumstances in each case.
Dothan Pers. Bd.,831 So. 2d at 2. The test is whether ‘“facts are shown which
make it reasonable for members of the public or a party, or counsel opposed
to question the impartiality of the judge.’”
In re Sheffield, 465 So. 2d 350, 355-56 (Ala. 1984)(quoting
Acromag-Viking v. Blalock, 420 So. 2d 60, 61 (Ala.1982)).”
Ms. *8, quoting
Ex parte George, 962 So. 2d 789, 791 (Ala. 2006). In issuing the writ, the Court explains
The State and Greenetrack have a lengthy history of litigation before Judge
Hardaway; Judge Hardaway has recused himself in several cases involving
these parties; in one case this Court ordered Judge Hardaway’s removal
without the issue having been entertained in the circuit court; and Judge
Hardaway recused himself in Greenetrack’s initial challenge to the
tax assessments filed in the circuit court. We are mindful that issues
in some of the earlier cases.... However, in light of the totality of
the facts and circumstances surrounding the past decisions of recusal
and removal and the litigiousness of the parties regarding past recusal
requests, a reasonable, prudent person might question the impartiality
of Judge Hardaway.
Ms. **16-17.