Appellants have filed a "Suggestion of Grounds for Recusal" which respectfully requests that Justice Michael Ryan recuse himself from this consolidated action because of his service as superior court judge in Arizona v. Ring, CR 95-01754(A)," to which the State filed a response. Although Justice Ryan ruled on some pre-trial motions in the Ring case, the case was reassigned to another judge and he did not preside at trial or participate in sentencing. Those facts provide no basis on which any reasonable person could reasonably question Justice Ryan's impartiality. See Canons 2.A and 3.E, Code of Judicial Conduct, Ariz. R. Sup. Ct. 81.
The Court has determined that Appellants have shown no grounds for recusal.
DATED this ___ day of October, 2002.
___________________ RUTH V. McGREGOR Vice Chief Justice