Tuesday, April 30, 2013

You're wrong and you're outta here!

In the Rodney Dangerfield department, today's DJ has an article titled Reassignments Rare on Reversal, Considered a Stinging Rebuke by Judges about what it means when the Ninth Circuit not only reverses a district judge, but also then orders the case reassigned to a new judge. As the DJ puts it: "Ouch."
The article notes that "many judges never experience the embarrassment of reassignment, some get reassigned with regularity," noting that Central District Judges Real and Wright together have had six reassignments in the past 18 months.
You want a second opinion? Ok, you're wrong and you're off the case!
What are the factors for reassignment: whether the judge would have difficulty putting his or her expressed views or findings found to be erroneous out of his or her mind; whether assignment is advisable to preserve the appearance of justice; and whether reassignment would be a waste of judicial resources or out of proportion to any benefit.