The Tuscaloosa County Circuit Court approved the NCAA’s request that an Alabama judge recuse himself from the eligibility lawsuit regarding Crimson Tide men’s basketball player Charles Bediako because of an “impermissible appearance of impropriety.” The court has not yet named a new judge.
Bediako was granted immediate eligibility last week to return to Alabama, even though he left the school early to declare for the 2023 NBA Draft, signed a two-way contract with an NBA team and spent most of the past three seasons competing in the G League. Bediako, 23, previously played for Alabama from 2021 to 2023.
Judge James H. Roberts Jr. of the Tuscaloosa County Circuit Court granted Bediako a temporary restraining order allowing him to play for the Crimson Tide one day after Bediako filed a lawsuit against the NCAA, and after the NCAA denied Alabama’s initial request to reinstate Bediako’s eligibility. The 7-footer played 25 minutes and scored 13 points in Saturday’s 79-73 loss to Tennessee. AL.com and other outlets later reported that Roberts is listed as a University of Alabama athletics donor on The Crimson Tide Foundation’s website, and he and his wife are recognized for lifetime contributions between $100,000 and $249,999.
The NCAA’s legal representatives filed a motion for recusal Monday, arguing that “intense media scrutiny and public speculation surrounding the (judge’s) relationship with the University of Alabama” could give off the “appearance of partiality.”
The motion referenced numerous articles and media reports that noted Roberts’ relationship to the university, including reports that his wife, Mary Turner Roberts, is a lawyer for former Alabama player (and Bediako teammate) Darius Miles, who is set to stand trial for capital murder stemming from a 2023 shooting. The motion also referenced fan comments on Reddit questioning the judge’s impartiality.
“Public reaction to the case demonstrates that recusal is warranted here,” the motion reads. “Despite the NCAA’s confidence that the (judge) 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.”
In a response Tuesday, Bediako’s lawyers said they did not oppose the NCAA’s motion.
“Mr. Bediako fully expects to prevail in this litigation,” one of his attorneys, David W. Holt, wrote. “The facts and law are on his side. But, whatever the ultimate outcome may be, whether in front of this Court or any other, someone, somewhere will allege impropriety in the result. That is not, and cannot, be the standard for judicial disqualification. Despite that, and despite having no concern regarding this Court’s impartiality, Mr. Bediako does not oppose the NCAA’s Motion for Recusal.”
The decision to grant Bediako eligibility — and Alabama’s support of the process — sparked another round of uproar over the ongoing eligibility debate in college basketball. Roberts also extended Bediako’s temporary restraining order Monday for an additional 10 days because a preliminary injunctive hearing, scheduled for Tuesday, had to be postponed due to inclement weather. An official date for the rescheduled hearing has not yet been set.
Bediako has played in two games since the TRO and moved into the starting lineup Tuesday, scoring 14 points in 18 minutes in a 90-64 win over Missouri. The No. 23 Crimson Tide are 14-6 and 4-3 in SEC play.
