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Eureka! But Not Anymore

In what has been a very contentious case between lawyers and the sitting judge, the Ninth Circuit (order not posted yet), removed Judge Vaughn Walker before trial.

Federal District Court Judge Walker issued an order in the case of Forest Defense v. Humboldt County and City of Eureka allowing a venue change to Eureka, after remand from the Ninth Circuit. Plaintiff's lawyers took him up on a writ, challenging the venue change. They believed they could not get a fair trial in the logging community.

What's unusual about this case is that the trial has not even occured yet, and the Ninth Circuit pulled Judge Walker from the case. That may be a first.

The case actually had been tried earlier, resulting in a 4-4 deadlock on the jury, but Judge Walker entered judgment anyway. According to Big News Network, the unsigned Order removing Walker reads: "On [the] record it appears the district court's actions reveal an appearance of an absence of impartiality sufficient to warrant reassigning this case."

The environmental lawyers for the Forest Defense Group complimented Judge Walker's experience and intelligence, but were estatic with the result.

Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Friday, September 05, 2003 at 07:41 Comments Closed (0) |
 
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