HAMPTON, Va. — Just one week before Cory Bigsby is scheduled for a second bond hearing, all three Hampton Circuit Court Judges have stepped away from the case.
Bigsby’s attorney, Jeffrey Ambrose, said the Virginia Supreme Court will have to appoint a judge.
"There is some issue that Judge Gaten believes that would keep the sitting judges of Hampton Circuit Court from being able to adjudicate this fairly," said Ambrose.
13News Now asked Chief Judge Michael Gaten why he made the decision, but he didn't give an explanation other than “I do consider it improper for the Judges of the 8th Judicial Circuit to hear any aspects of the captioned proceeding."
"It’s a precaution and it’s out of concern both for the defendant and the public and the perception that the judicial process is fair and unbiased," says legal analyst Ed Booth.
He said having an entire bench recused from a case is not as unusual as you may think. He’s not sure of the circumstances surrounding this particular instance but said it’s usually about avoiding any appearance of impropriety.
"It’s not actual impropriety necessarily. It’s about the judges following their judicial canon of ethics to make sure that everyone feels like whatever happens, in this case, is completely above board and appropriate."
He said it is most likely there was a conflict of interest.
"When you have an entire bench recuse themselves there’s, generally speaking, some sort of concern that affects the court as a whole."
He said courts have conflict dockets for situations like this and can bring in judges from other jurisdictions.
"I have every confidence that they will take care of getting another judge in who doesn’t have whatever conflict might exist so that the proceedings will go forward as usual," said Booth.
Booth said, generally speaking, this is a good thing. It means the court wants to do everything it can to give the public faith in the decisions that are made in the courtroom.
"Whatever reason they had it’s to make sure that the public has confidence in the decisions that are made and they’re doing it out of a concern for their ethical obligation."
Bigsby was arrested on several counts of child neglect earlier this month after allegedly telling police officers he'd left his children, ages five and younger, home alone on several occasions.
He was denied bond on Feb. 8 and his attorney appealed that decision.
His next bond hearing is currently scheduled for Feb. 25.