Last month, Anne Georgulas, the mother of James Younger, filed a motion for recusal against Judge Kim Cooks. A hearing on the motion was held today, and a ruling is expected to come before December 9.
In October, the custody battle between Georgulas and Jeff Younger over whether their seven-year-old son would be raised as his biological sex made national headlines.
A jury said that there should be a sole managing conservatorship over James and his twin brother, but that the father should not be made the sole managing conservator.
In her final verdict, Judge Kim Cooks ruled that the joint managing conservatorship between Younger and Georgulas would remain in place and that they would share medical decisions.
After the trial had ended, Cooks shared an article from The Dallas Morning News on her Facebook page stating, “The governor nor any legislature [sic] had any influence on the Court’s Decision.”
The mother’s legal team filed a motion for Cooks’ recusal based on her public comments about the case, arguing that it indicated her impartiality had been compromised.
Chad Baruch, the mother’s attorney, reiterated this at the hearing on Wednesday, contending that nothing the judge posted was in the best interest of the children in the case or to advance justice, but to simply advance her own political aims.
Logan Odeneal, Younger’s attorney, contended that the motion should fail because Cooks’ actions do not meet the legal requirement for recusal, especially since her comments came after her final verdict.
The amicus attorney on the case — appointed by the court to be a neutral, third party voice — reached the same conclusion as Odeneal and asked that the motion be denied.
Judge Tena Callahan, a retired judge, was brought in to preside over Wednesday’s hearing. She said she will make a decision before December 9.
Kim Roberts contributed to this report.
Daniel Friend is a reporter for The Texan. While recently finishing his degree in Political Science from Azusa Pacific University, he also interned in the U.S. Senate and co-authored a book on C. S. Lewis’s science fiction trilogy. In his spare time, he might be reading up on Dostoevsky or attempting to write a novel.