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Judge denies man’s request for recusal
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Posted on Dec 29 2004
Superior Court judge David Wiseman denied Tuesday the request of a man whom he had previously convicted of resisting arrest and disturbing the peace that the magistrate recuse himself from hearing a new criminal case that the man is facing.
Diego Mundo is now facing charges over a domestic violence incident that allegedly occurred on Tinian some months ago.
Mundo’s attorney, assistant public defender Douglas W. Hartig, asked Wiseman to recuse himself from hearing the new case, noting that the judge had previously convicted his client of several misdemeanors. Hartig also said that, in one case, the judge imposed maximum sentences on multiple charges and required Mundo to serve them consecutively.
Hartig also said that Wiseman had previously found Mundo guilty of contempt and imposed the maximum penalty on his client. He said a judge should disqualify himself in any proceeding in which his impartiality might reasonably be questioned.
Wiseman denied most of Hartig’s allegations, saying that the only misdemeanor charges he convicted Mundo of were resisting arrest and disturbing the peace in a single case.
“The court has never found defendant in contempt of court nor sentenced him for contempt,” the judge said. “Since part of the basis for defendant’s claimed hostility of this court are acts that did not occur, there is no sound basis for recusal. However, even if such acts did occur, they would not constitute grounds for recusal under well-settled case law.”
“Defendant, however, correctly stated that at a recent hearing the court said that defendant had missed court dates, had slept during trial and had appeared to be drunk during a court hearing, and that the defendant had otherwise displayed inappropriate behavior during court proceedings,” the judge said.
Wiseman said that Mundo failed to meet his burden of proving that he is impartial.
Government prosecutor Grant Sanders had also opposed Mundo’s request for the judge’s recusal.
