Monday, February 4, 2008
The Maine Supreme Judicial Court held that the appeal of the denial of a motion to recuse a probate judge was frivolous, and imposed sanctions on the appellant. The matter involved an estate where the decedent had prepared and executed a will (in two languages) that left his estate to his three children in equal shares. One of the three produced and offered into probate and earlier, unexecuted will. That document made the child the sole heir.
The probate court rejected a motion to recuse, which was based on the fact that the judge had an outside practice. The court here found the motion frivolous as it was premised on nothing more than adverse rulings and the bare assertion that the judge had violated "each and every" canon of judicial conduct. (Mike Frisch)