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Despite Attorney General's request, judge declines to recuse herself in CATS corruption case
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BATON ROUGE — Judge Gail Horne Ray has declined Attorney General Liz Murrill's request that she recuse herself from a case involving allegations of fraud and corruption in the Capital Area Transit System, leaving it up to the state Supreme Court to decide whether she can continue presiding over the case.
The AG's office moved for the recusal of Chief Judge Don Johnson, Judge Ron Johnson and Judge Gail Horne Ray from all 19th Judicial District matters involving it due to the judges' lawsuit against Attorney General Liz Murrill, Gov. Jeff Landry and Secretary of State Nancy Landry.
That lawsuit, filed on Feb. 27 in federal court, alleges that lawmakers last year weren't authorized to substantially alter judicial subdistricts created in 1992 to ensure Black representation in the court system.
On June 1, Murrill filed a motion claiming that Ray cannot fairly preside over the CATS corruption case due to bias. According to Murrill, it is illegal for her to have to argue in cases being presided over by a judge who is simultaneously her adversary in federal court.
According to Louisiana law, once a motion for recusal is filed, a judge has seven days to either leave the case themselves or decline, in which case the Louisiana Supreme Court will appoint an ad hoc judge to decide whether to recuse.
Court documents signed Monday show Ray chose the latter, which the AG's office says she did in all other cases in which Murrill requested her recusal.
The judge argued that Murrill failed to provide factual, objective evidence of impartiality.
"This Court vigorously denies that it meets any of the specifications or circumstances that require recusal per the code," Ray said.
Murrill's office said 15th JDC Judge Marilyn Castle will make the final decision on whether Ray must recuse, but a hearing for that motion had not yet been set.
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