Roger Lee Neal v. Kelli Jean Hayes

This case arises from a long-running legal dispute between Roger Lee Neal (“Neal”) and Kelli Jean Hayes (“Hayes”) concerning their minor child (“the Child”). Neal and Hayes disputed, among other things, custody matters relating to the Child. In March 2011, the Circuit Court for Knox County, Fourth Circuit (“the Trial Court”), entered an order confirming findings of the Special Master, Sarah Higgins (“the Special Master”) and resolving numerous contested issues. In the same order, the trial judge, Judge Swann, stated, in effect, that he no longer could be neutral towards Neal because of Neal’s villainous statements about the Special Master and Neal’s “admitted perjury” and recused himself from any further participation in these cases. Husband appeals, arguing, in part, that Judge Swann could not simultaneously rule on the Special Master’s findings and recuse himself because of lack of neutrality. We hold that as both the Special Master and Judge Swann expressed an understandable lack of neutrality in their findings and order, respectively, the Trial Court’s March 2011 order is vacated, and we remand for further proceedings to be held before a neutral court. We vacate the judgment of the Trial Court.