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UNITED STATES COURT OF APPEALSFOR THE ELEVENTH CIRCUIT _______________________________________ JAMES B. STEGEMAN,Plaintiff/Appellant APPEAL NO. 08-16174-CDISTRICT COURT NO. 1:08-CV-1971Vs.REPLY TO APPELLEES’RESPONSE -APPELLANT’S MOTIONTO RECUSESUPERIOR COURT STONEMOUNTAIN JUDICIAL CIRCUIT;SUPERIOR COURT JUDGECYNTHIA J. BECKER;GEORGIA POWER CO.;BRIAN P. WATT;SCOTT A. FARROW;Defendants/Appellees _________________________________________________________ 
COMES NOW Appellant and files his Reply to Georgia Power, ScottFarrow, and Brian Watt’s
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Response in Opposition to Appellant’s Motion toRecuse.The above listed Appellees, appear to complain that Appellant has shown no basis for recusal, and requests that Recusal be Denied. Appellant replies to theallegations made in Appellees’ Response and will show further sufficient basis for recusal in the following Argument and Citations.
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Brian Watt signed the letter accompanying Appellees’ Response, one could easily getconfused on who is representing who from Troutman Sanders in this Appeal.
 
ARGUMENT AND CITATION OF AUTHORITY
Assuming that this Court did in fact recently state “the claim of bias under §455 must show that the bias is personal as distinguished from judicial in nature”;it has also been stated that there can be a showing that the Judge is partial to one party over another party as well.Parties to civil cases have a constitutional right to a fair trial.
 Latiolais v.Whitley
, 93 F.3d 205, 207 (5th Cir.1996);
 Lemons v. Skidmore
, 985 F.2d 354, 357(7th Cir. 1993);
 Bailey v. Sys. Innovation, Inc
., 852 F.2d 93, 98 (3d Cir. 1988).And “[t]rial before an ‘unbiased judge’ is essential to due process.”
 Johnson v. Mississippi 
, 403 U.S. 212, 216 (1971); accord
Concrete Pipe & Prods. v. Constr. Laborers Pension Trust 
, 508 U.S. 602, 617 (1993) (“due process requires a‘neutral and detached judge in the first instance’”) (citation omitted).The United States Supreme Court has stated: “and this ‘stringent rule maysometimes bar trial by judges who have no actual bias and who would do their very best to weigh the scales of justice equally between contending parties,’
Offutt v.United States
, 348 U.S. 11, 14 (1954),
 Marshall v. Jerrico
, 100 S. Ct. 1610, 446 U.S. 238, 64 L. Ed. 2d182, (1980). Pg. 243:“We have employed the same principle in a variety of settings,demonstrating the powerful and independent constitutionalinterest in fair adjudicative procedure.*fn2 Indeed, "justice mustsatisfy the appearance of justice," and this "stringent rule maysometimes bar trial by judges who have no actual bias and whowould do their very best to weigh the scales of justice equally
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 between contending parties,"
 In re Murchison
, 349 U.S. 133,136 (1955). See also
Taylor v. Hayes
, 418 U.S. 488 (1974).”Further, when the Judge has actual knowledge that there is a reason torecuse/disqualify themselves, they have an obligation to do so, even without a party moving for the recusal.“…if the judge sitting on a case is aware of grounds for recusalunder section 455, that judge has a duty to recuse himself or herself. See, e. g.,
 Nicodemus v. Chrysler Corp
., 596 F.2d 152,157 & n.10 (6th Cir. 1979).”
United States v. Sibla
624 F.2d 864“If the Due Process Clause requires recusal only when a partycould prove actual bias arising from personal animus in the judge’s heart or cold cash in the judge’s pocket, then the rights of  parties to a fair and impartial judge would be imperiled.Probabilities of unfairness, likelihood of bias, and unacceptable perceptions are at the heart of circumstantial evidence, which issometimes the only evidence available on the issue
of whether a judge is constitutionally required to disqualify” Randall T.Shepard, Campaign Speech
: Restraint
and Liberty in Judicial  Ethics
, 9 Geo. J. Legal Ethics 1059, 1087 (1996)Fact: Judge Frank Hull is married to Antonin Aeck of Lord, Aeck andSergent
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an architect firm. Georgia Power a couple of years ago, hired to its Boardof Directors a Robert L. Brown Jr., who “got his start with Lord, Aeck andSergent.”
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A “Google” search performed for “Aeck Troutman Sanders” returns
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Lord, Aeck and Sergent is a prestigious architect firm in Atlanta.
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“Georgia Power Adds New Board Members” from PR Newswire:http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/05-21-2003/0001951752&EDATE=
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