NCAA Officials Want Alabama Judge In Charles Bediako Case To Recuse Himself. Maybe They’ll Get An Auburn Fan

After Alabama's Charles Bediako was granted a TRO, which was then extended on Monday for an additional 10 days, the NCAA has filed a motion in a Tuscaloosa court for the presiding judge to recuse himself from the case. 

After filing a lawsuit pertaining to his eligibility last week in a Tuscaloosa court, Bediako was granted a 10-day temporary restraining order in the case, which allowed him to play against Tennessee this past weekend, scoring 13 points in the loss. 

On Monday, due to NCAA lawyers not being able to make the trek to Alabama due to weather conditions, Judge James Robets found ‘good cause’ to extend the TRO for an additional 10 days, which will allow Charles Bediako to participate until at least next week. 

Then, on Monday evening, the NCAA submitted its motion to have the judge in this case recuse himself. 

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Last week, it was found that Judge James Roberts had been a donor to Alabama athletics, to which he and his wife are still currently listed. 

In its motion to the court, the NCAA says it does not contend that any bias towards Charles Bediako has transpired over previous rulings, but that, given the attention this case has warranted, it is the only logical thing to do for the Judge. 

"The NCAA has faith in the judicial process and does not currently contend the Court has an actual bias, partiality, or prejudice. Similarly, the NCAA does not allege that any actual bias motivated the Court’s granting of a temporary restraining order," the motion reads in part. "Instead, the NCAA contends that proceeding in this Court has created an impermissible appearance of impropriety because of the intense media scrutiny and public speculation surrounding the Court’s relationship with the University of Alabama and its athletics programs and student-athletes."

NCAA Finally Hits ‘Objection’ Button Over Alabama Judge

On the Crimson Tide Foundations Website, Judge Roberts and his wife Mary Turner Roberts are currently listed as donors to the athletic department, having given between $100,000 and $249,000 over the course of their lifetimes. 

It should also be noted that Mary Roberts is also a part of the defense team representing Darius Miles, who was a teammate of Charles Bediako at Alabama, and is set for trial on a capital murder charge from the highly-publicized 2023 shooting in Tuscaloosa.  

Obviously, this created a public firestorm, even if there was no bias shown by the local Tuscaloosa judge in the case involving a current Alabama basketball player. 

In its filing, the NCAA pointed out several examples of the public attention this case had already received through the news and on social media. 

"Courts in Alabama and beyond have widely recognized that a mere appearance of partiality is sufficient to require the recusal of a trial judge. This appearance can be compounded by widespread media and public scrutiny questioning the trial court's impartiality," the NCAA noted. "Despite the NCAA's confidence that the Court can disregard his connections to the University of Alabama and its athletics programs, recusal is still necessary to protect these proceedings from an appearance of impropriety."

The NCAA Can Lose More Power As Charles Bediako G-League To Alabama Return Goes To Court Tuesday

Before being granted a TRO, Charles Bediako was playing in the NBA's G-League, most recently hitting the court on January 17, which was just one week before playing for Alabama against Tennessee this past weekend. 

"Charles has done nothing wrong. Charles and his agent and his attorneys have seen what's gone on in the landscape of college basketball, and they didn't see a reason why Charles wouldn't be eligible," Alabama's Nate Oats said Monday. 

The argument over whether Bediako should be participating in his second stint of college basketball has taken over the conversation around NCAA eligibility, which has only opened the door for further other professional athletes to take a chance on playing at the collegiate level once again. 

In this case, Bediako's five-year window to participate in college basketball had not ended, which is one of the reasons he submitted to the court that he should be allowed to play. 

"The stakes of this case are high and extend not just to Plaintiff but also implicate a core line of demarcation between professional and collegiate athletics: whether, once a student-athlete decides to leave collegiate sports, go pro, and sign a professional contract, he is permanently ineligible to participate in collegiate sports," NCAA attorneys wrote Monday night. "Confidence in the outcome of a case presenting issues of national concern requires a strong appearance of impartiality that, due to this media coverage and public concern, has become untenable without recusal."

Also, Bediako noted that if he had known how much money was potentially on the table in NIL revenue before entering the NBA Draft, he might have made the decision to stay at Alabama. 

Over the next 10 days, which is how long the second TRO covers, Alabama will face Missouri and Florida in SEC play. 

We now wait to see whether Judge Roberts will step aside, and allow another local judge to preside over the case in Tuscaloosa. If he doesn't recuse himself, the NCAA will have to file a ‘Writ of Mandamus'. 

Maybe the NCAA will get lucky for once and have an Auburn fan be assigned the case.