On Thursday, December 5, 2024, Syracuse.com reported that Onondaga County District Attorney William Fitzpatrick intends to request the recusal of Syracuse City Court Judge Felicia Pitts Davis from all criminal cases following her refusal to officiate a same-sex marriage ceremony. Fitzpatrick expressed concerns over potential bias that could affect her judgment in legal matters.

The incident in question occurred when Judge Pitts Davis declined to perform a marriage ceremony for a same-sex couple shortly after officiating a wedding for a heterosexual couple. Sources indicate that Pitts Davis cited her religious beliefs as the reason for her refusal. In her place, Judge Mary Anne Doherty, who is openly gay, conducted the marriage for Shawntay Davis and Niccora Davis on November 16.

Fitzpatrick voiced his apprehension regarding the fairness of Pitts Davis in cases involving LGBTQ individuals, stating, “You shouldn’t have to walk into the court and wonder, ‘Am I getting a fair shake?’” He labeled her refusal as “bigotry” and emphasized that it raises serious questions about her ability to impartially serve crime victims and defendants.

The situation has attracted further scrutiny, as it is currently under investigation by the state Commission on Judicial Conduct. However, Fitzpatrick noted that such investigations can take considerable time, often weeks or months, and he believes the matter requires a more immediate response.

Retired Judge Joseph Fahey remarked that it is unprecedented for a district attorney to seek the recusal of a judge from all criminal cases, a move he described as “a new one.” Typically, recusal requests are made for specific cases based on individual conflicts.

Fitzpatrick plans to interview individuals involved in the wedding incident and file his formal motion with Judge Pitts Davis. The judge will have the option to either grant or deny the request. If denied, Fitzpatrick indicated he would escalate the matter to a higher court.

The controversy surrounding Pitts Davis has prompted criticism from various public officials, including Governor Kathy Hochul and Syracuse Mayor Ben Walsh. Additionally, the Onondaga County Democratic Committee has called for her resignation. Under New York law, judges are required to perform all marriages without discrimination and cannot selectively officiate based on the type of marriage.

Pitts Davis was elected for a 10-year term in 2020 and has previously expressed a commitment to scrutinizing allegations against law enforcement and the district attorney’s office. She faced criticism in 2022 for releasing a defendant, Victoria Afet, without bail, despite her facing multiple felony charges and a history of violence. Afet subsequently committed a violent crime, leading to the death of 93-year-old Connie Tuori, for which she is now serving a sentence of 29 years to life.

 

 

Source: Syracuse.com