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Golf trips, memberships shared by Hahn, Smith not grounds for recusal, visiting jurist says

A judge can preside over a case where the lawyer is his golfing buddy, a visiting administrative judge ruled here Wednesday.

Judge Olen Underwood of Montgomery County denied a request from decendants of Bill Stark to recuse Judge Buddie Hahn from upcoming proceedings involving the Stark estate.

Hahn and Jack Smith, lawyer for millionaire Nelda C. Stark's estate, both belong to some of the same organizations and have gone to Mississippi and Colorado on golfing trips in the past. Hahn has about a 10-stroke lead on Smith most days according to Smith.

'We're disappointed I the judge's ruling but we'll stand by the factual testimony in the courtroom and believe that the fact Mr. Smith takes golfing excursions out of state with the judge creates an appearance of impropriety and is fair ground for recusal,' said Clay Burgess, the lawyer representing several Stark descendants.

The original lawsuit was filed by the executors of Nelda Stark's estate. Stark died in December 1999.

The two groups were in court a decade ago fighting over money left to heirs in 1939 when H.J. Lutcher Stark's first wife, Nita Hill Stark, died. The couple had two adopted children who each received $2.5 million in the 1988 court battle.

Nelda Stark's executors filed a lawsuit in July asking the judge to rule the release signed as final.

Smith said the brouhaha is all about the release of claims he believes is backed by a 1998 Supreme Court decision.

Burgess declined to say whether his clients are seeking more money of if he believes the release is invalid.

'The bottom line is whether there is an appearance of impropriety,' he said.

Throughout the hearing, Burgess questioned Smith about 'forum shopping,' or waiting until a specific court is in line for assignment before filing a lawsuit.

'His number was up when we came over here,' Smith said. He added that he's waited for a certain judge in the past.

'Some judges are more qualified to hear some cases than another,' he said

Hahn was judge over the previous battle between the heirs and Stark.

'We're a little gun-shy from last time anyway with Judge Hahn,' said Randy Stark, one of the defendants. 'Why would we want him to rule on us again?'