Legal Commentary

Calif. Judge to Preside Over Jared Loughner's Case

By Jeralyn

Judge Larry A. Burns of the Southern District of California has been appointed by the 9th Circuit Court of Appeals to preside over the Arizona federal case of Jared Loughner. From the order (available on PACER)"

Based upon the circumstances occurring on January 8, 2011 in Tucson and the initiation of proceedings in conjunction with them, the impartiality of the District and Magistrate Judges in the District of Arizona might reasonably be questioned. It is therefore determined, pursuant to 28 U.S.C. § 455(a), all District and Magistrate Judges in the District of Arizona must be disqualified from presiding in this case and all related matters.

Accordingly, IT IS ORDERED all District and Magistrate Judges in the District of Arizona are recused from hearing case number 11-35M and all related matters.

The chief prosecutor will be Wallace H. Kleindienst. AUSA Patrick Cunningham has withdrawn. Entering their appearances to assist Kleindienst in the past few days are AUSA Mary Sue Feldmeier, Beverly K. Anderson, and Christina M. Cabanillas. So far the defense team consists of Judy Clarke, her associate Mark Fleming, and the Federal Defender's Office of San Diego.

Full post as published by TalkLeft on January 12, 2011 (boomark / email).