A three-judge panel denied a recusal request filed by Chania Fernandes Pedra during a public hearing this morning. The request sought to remove the criminal judge overseeing her case involving a fatal accident in early January that claimed the lives of two people.
Fernandes Pedra filed the request because she believes she has not received impartial treatment during the criminal proceedings. The recusal hearing took place after the request was submitted on Wednesday, November 4.
Attorney Jairon Odor presented the arguments on her behalf, representing Fernandes Pedra exclusively during the recusal proceedings. Odor told the court that he had only one day to prepare his arguments after receiving a phone call late at night.
The arguments included disagreements over requests for additional investigations in the case, as well as concerns about access to legal representation and the criminal case file.
After hearing the arguments, the three judges withdrew to deliberate. About 10 minutes later, they returned to the courtroom and announced their decision. The formal ruling will be issued in writing.
The panel rejected the request for additional investigations, explaining that such requests must be submitted during the criminal proceedings themselves, not as part of a recusal procedure. The judges stated that the panel handling the recusal request was not responsible for deciding on requests for further investigations in the case.
The arguments concerning the lack of legal representation and access to the criminal case file were also rejected. The judges explained that although defendants have the right to legal assistance and access to their case files, these concerns should have been included in the original recusal request submitted on November 4. They were not.
The court also emphasized that anyone who believes there are grounds to question a judge’s impartiality must file a recusal request as soon as the relevant circumstances arise. Such requests are not intended to combine several incidents that occurred over an extended period and present them together at a later stage.
Based on these considerations, the three judges denied Fernandes Pedra’s request. The criminal proceedings against her will therefore continue as scheduled on November 18.
