WAIVER OF DISQUALIFICATION
On this day came the parties on the appeal of M. Ismail Sloan in the above styled matters. The undersigned J. Michael Gamble, Circuit Court Judge, has advised the parties that there are circumstances which could require that he recuse himself from this case. Further, J. Michael Gamble has advised all parties that he will recuse himself unless all parties waive in writing their possible objections to his service as Judge in these cases. These circumstances are as follows:
(1) M. Ismail Sloan consulted with J. Michael Gamble in 1985 about representing him in the matters involved in this case at a time when J. Michael Gamble was a practicing attorney. Although J. Michael Gamble did not take the case M. Ismail Sloan did talk with J. Michael Gamble about the facts of the case for about one hour. Also, J. Michael Gamble accepted a retainer fee which he returned by mail the same day.
(2) Stephen C. Martin, a former law partner of J. Michael Gamble, represented M. Ismail Sloan in earlier proceedings in the matters in this case. Confidential or privileged information was provided to Stephen C. Martin as a result of such representation.
(3) Donald G. Pendleton, a former law partner of J. Michael Gamble, represented a person claiming to have an adverse interest in M. Ismail Sloan in the estate of the father of M. Ismail Sloan. Possibly confidential or privileged information was given to Donald G. Pendleton, at the time he was the partner of J. Michael Gamble.
(4) Lawrence Janow, Juvenile and Domestic Relations District Court Judge of Amherst County, who has heard many of the proceedings in this case, was a law partner of J. Michael Gamble from 1974-199.
(5) J. Michael Gamble has heard many discussions of this case by numerous sources.
(6) Linda B. Carroll, the former legal secretary of J. Michael Gamble, is a close friend of Mr. and Mrs. Charles Roberts, a party to these proceedings.
Notwithstanding the above disclosures, we the undersigned waive the right to request J. Michael Gamble to recuse himself, and waive the disqualification of J. Michael Gamble to hear the matters involved in this appeal. We fully understand that by hearing this appeal J. Michael Gamble does not necessarily agree to hear any other proceedings which may come before this court in this matter.
Given under our hands this 7th day of August, 12991.
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