By: David Ziemer, [email protected]//September 10, 2010//
By: David Ziemer, [email protected]//September 10, 2010//
A judge should not hear a motion to add a party, if he would have to disqualify himself if the party were added.
But he need not recuse himself from the entire case; instead, the judge need only refer the motion to add the party to another judge.
The court first held that recusal was not required pursuant to either 28 U.S.C. 455(b)(5)(i), or 455(b)(4), because they apply only to relations between a judge and a party, and AT&T Mobility is not a party.
However, the court found that the motion did create a problem under sec. 455(a), because it created an appearance of bias.
Case: In re Specht, No. 10-2823
For a full analysis of the opinion, see the Aug. 13 issue of Wisconsin Law Journal.