On Thursday, February 27, 2025, the South Bend Tribune reported that Judge John E. Broden recused himself from overseeing a lawsuit concerning the residency of South Bend Common Council member Sharon McBride. The case raises allegations that McBride does not reside in the district she represents, prompting legal challenges regarding her eligibility.

The lawsuit was initiated by local resident Brian S. Collier on January 27, 2025. Collier contends that McBride, who won re-election on November 7, 2023, does not live in the 3rd District, but rather in the 2nd District. This claim has sparked a series of recusal actions from judges involved in the case due to potential conflicts of interest.

Judge Broden, who presides over the St. Joseph County Circuit Court, filed his order of recusal on February 4, 2025. He cited his long-standing personal and professional relationship with McBride as the basis for his decision, indicating that his participation could conflict with the Indiana Code of Judicial Conduct guidelines.

Following Broden’s recusal, the case was assigned to Magistrate Judge Andre Gammage on January 28. However, Gammage also recused himself the next day, stating a connection to McBride that would compromise his impartiality. This led to the case being returned to Broden before he ultimately decided to step aside.

Subsequently, the Circuit Court clerk assigned the case to Special Judge William L. Wilson on February 6, 2025. Wilson faced a motion for recusal from Collier on February 20, based on Wilson’s past employment with the law firm representing McBride’s defense attorney. In a February 21 order, Wilson acknowledged his previous affiliation with Anderson, Agostino & Keller, P.C., but maintained that it did not necessitate his recusal, citing a record of impartial rulings against the firm since 2015.

Wilson ruled that Collier’s motion would be treated as a request for a change of judge, allowing both parties seven days to agree upon a new special judge. Should they fail to reach a consensus within that timeframe, the Circuit Court clerk would appoint a new judge to oversee the case.

As this legal matter continues to unfold, it highlights the complexities of judicial recusal and the importance of maintaining impartiality in the courtroom. The case against McBride remains unresolved as the search for a new judge progresses.

 

 

Source: South Bend Tribune