DALLAS – Shelly Luther, a salon owner who was jailed for opening her business and violating an executive stay-at-home order, wants the judge who sentenced her off the case.
On May 5, Judge Eric Moye sentenced Luther to seven days in jail and handed her a fine of $7,000.
Both Gov. Greg Abbott and Attorney General Ken Paxton leapt to Luther’s defense.
Two days after being sentenced, the Texas Supreme Court ordered her release.
Because of Judge Moye’s actions, Abbott eliminated confinement as a punishment for violating his executive order. Businesses such as Luther’s were allowed to reopen on May 8.
On April 28, the city of Dallas filed a suit and TRO request against Luther and her Salon. On May 27, Luther moved for recusal of Judge Moye, court records show.
As Judge Moye sent Luther to jail, he told her: “Your actions were selfish, putting your own interests ahead of the community in which you live. You disrespected the orders of the state, the county and this city.”
Luther replied: "I have t0 disagree with you, sir, when you say that I'm selfish because feeding my kids is not selfish. I have hairstylists that are going hungry because they would rather feed their kids. So, sir, if you think the law is more important than kids getting fed, then please go ahead with your decision. But am not going to shut the salon."
In her motion, Luther argues Judge Eric Moyé should be recused from further proceedings because his impartiality might reasonably be questioned in this matter, having demonstrated personal bias when he expressed disgust with the conduct of government lockdown protesters.
“It is a fundamental principal of law that a Trial Judges hear cases without influence or personal bias,” the motion states. “The uproar surrounding this case, including the actions by Judge Moyé and his fellow district court judges understandably leads
Defendants and other reasonable people to question whether Judge Moyé has a personal bias or prejudice concerning the subject matter of this case, irrespective of his actual ability to adjudicate the matter, and question whether any signer of the letter to General Paxton can sit for this case.
“Defendants request that Judge Moyé recuse himself and request that the Presiding Judge of the First Administrative Judicial District assign another judge to sit in this case - one who has never been part of the public discussion of this case.”
Luther is represented by Arlington attorney Warren Norred.
Filed in Dallas County District Court, case No. DC-20-06131