Federal Judiciary

Judge Rader Recuses in ClearValue

By Michael C. Smith

As readers know, Federal Circuit judge Randall Rader is coming to Marshall this month to hear cases.  Judge Rader recently wrote that "[o]n March 30, 2010, the Honorable Leonard J. Davis sought to accommodate the desire of the undersigned to entertain a trial in the U.S. District Court for the Eastern District of Texas by reassigning this case [ClearValue v. Pearl River Polymers] to him." 

However a problem arose with the Tyler segment of Judge Rader's East Texas tour, and earlier this week, he recused from ClearValue, noting that the canons of code of conduct for U.S. judges require disqualification if a judge "participated as a judge" in the proceeding previously.  Although Judge Rader was not on the Federal Circuit panel which reversed and remanded the case, he noted that he did participate in the consideration of the petition for en banc rehearing, and thus recusal was required by the statute.  (The order notes that recusal is not optional in this circumstance, nor may the parties remit disqualification).  "Therefore," Judge Rader concluded, "with great regret, this court, with apologies to the Eastern District and the parties (with whom he was looking forward to sharing this proceeding), must disqualify himself and withdraw from participation any further and at any future point in this case's course through the judicial process."

ClearValue v. PRP has been proceeding apace since Judge Rader bowed out, with a motion for continuance denied, discovery ordered responded to, and other housekeeping matters handled by Judge Davis this week as the case lurches towards its second appointment with the third floor of the Stege next week.

Full post as published by Eastern District of Texas Federal Court Practice on April 08, 2010 (boomark / email).