Jacqueline Ferguson, Appellant v. State of Arkansas, Appellee — Danielson, J., Dissenting

Summary

Justice Danielson dissents from the conclusion that the circuit judge's impartiality was reasonably subject to question and would find no abuse of discretion in denying recusal. The dissent reasons that the dependency-neglect proceeding and criminal case were different matters, that the judge's comments and adverse rulings did not establish bias, and that knowledge acquired through prior judicial proceedings was not personal knowledge requiring disqualification. Chief Justice Brill, concurring, agrees with remand for a new trial but would interpret the term “matter” more broadly based on the shared facts, parties, evidence, and witnesses.