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First Circuit Orders Recusal of District Judge at Government's Request

By Tom Lincoln

In a rather unique set of circumstances, the First Circuit has today granted a petition for mandamus by the United States in a public corruption case, reversing a district court's denial of a motion by the United States for the trial judge to recuse himself on grounds of actual prejudice, albeit not on grounds of actual prejudice but of a "reasonable basis for questioning the impartiality of the district court judge."  The appellate court also orders the investigation into government misconduct in violation of Fed.R.Crim.P. 6 cease, unless new claims arise, and that trial (which had been stayed pending the district court's investigation into government misconduct in relation to the grand jury) be promptly scheduled. See In Re: United States, No...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on March 24, 2006 (boomark / email).