Liteky v. United States

510 U.S. 540, 114 S. Ct. 1147, 127 L. Ed. 2d 474, 1994 U.S. LEXIS 2045
CourtSupreme Court of the United States
DecidedMarch 7, 1994
Docket92-6921
StatusPublished
Cited by6,810 cases

This text of 510 U.S. 540 (Liteky v. United States) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Liteky v. United States, 510 U.S. 540, 114 S. Ct. 1147, 127 L. Ed. 2d 474, 1994 U.S. LEXIS 2045 (1994).

Opinions

Justice Scalia

delivered the opinion of the Court.

Section 455(a) of Title 28 of the United States Code requires a federal judge to “disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” This case presents the question whether required recusal under this provision is subject to the limitation that has come to be known as the “extrajudicial source” doctrine.

[542]*542I

In the 1991 trial at issue here, petitioners were charged with willful destruction of property of the United States in violation of 18 U. S. C. § 1361. The indictment alleged that they had committed acts of vandalism, including the spilling of human blood on walls and various objects, at the Fort Benning Military Reservation. Before trial petitioners moved to disqualify the District Judge pursuant to 28 U. S. C. § 455(a). The motion relied on events that had occurred during and immediately after an earlier trial, involving petitioner Bourgeois, before the same District Judge.

In the 1983 bench trial, Bourgeois, a Catholic priest of the Maryknoll order, had been tried and convicted of various misdemeanors committed during a protest action, also on the federal enclave of Fort Benning. Petitioners claimed that recusal was required in the present case because the judge had displayed “impatience, disregard for the defense and animosity” toward Bourgeois, Bourgeois’ codefendants, and their beliefs. The alleged evidence of that included the following words and acts by the judge: stating at the outset of the trial that its purpose was to try a criminal case and not to provide a political forum; observing after Bourgeois’ opening statement (which described the purpose of his protest) that the statement ought to have been directed toward the anticipated evidentiary showing; limiting defense counsel’s cross-examination; questioning witnesses; periodically cautioning defense counsel to confine his questions to issues material to trial; similarly admonishing witnesses to keep answers responsive to actual questions directed to material issues; admonishing Bourgeois that closing argument was not a time for “making a speech” in a “political forum”; and giving Bourgeois what petitioners considered to be an excessive sentence. The final asserted ground for disqualification— and the one that counsel for petitioners described at oral argument as the most serious — was the judge’s interruption of the closing argument of one of Bourgeois’ codefendants, [543]*543instructing him to cease the introduction of new facts, and to restrict himself to discussion of evidence already presented.

The District Judge denied petitioners’ disqualification motion, stating that matters arising from judicial proceedings were not a proper basis for recusal. At the outset of the trial, Bourgeois’ counsel informed the judge that he intended to focus his defense on the political motivation for petitioners’ actions, which was to protest United States Government involvement in El Salvador. The judge said that he would allow petitioners to state their political purposes in opening argument and to testify about them as well, but that he would not allow long speeches or discussions concerning Government policy. When, in the course of opening argument, Bourgeois’ counsel began to explain the circumstances surrounding certain events in El Salvador, the prosecutor objected, and the judge stated that he would not allow discussion about events in El Salvador. He then instructed defense counsel to limit his remarks to what he expected the evidence to show. At the close of the prosecution’s case, Bourgeois renewed his disqualification motion, adding as grounds for it the District Judge’s “admonishing [him] in front of the jury” regarding the opening statement, and the District Judge’s unspecified “admonishing [of] others,” in particular Bourgeois’ two pro se codefendants. The motion was again denied. Petitioners were convicted of the offense charged.

Petitioners appealed, claiming that the District Judge violated 28 U. S. C. § 455(a) in refusing to recuse himself. The Eleventh Circuit affirmed the convictions, agreeing with the District Court that “matters arising out of the course of judicial proceedings are not a proper basis for recusal.” 973 F. 2d 910 (1992). We granted certiorari. 508 U. S. 939 (1993).

II

Required judicial recusal for bias did not exist in England at the time of Blackstone. 3 W. Blackstone, Commentaries [544]*544*361. Since 1792, federal statutes have compelled district judges to recuse themselves when they have an interest in the suit, or have been counsel to a party. See Act of May 8, 1792, ch. 36, § 11, 1 Stat. 278. In 1821, the basis of recusal was expanded to include all judicial relationship or connection with a party that would in the judge’s opinion make it improper to sit. Act of Mar. 3,1821, ch. 51,3 Stat. 643. Not until 1911, however, was a provision enacted requiring district-judge recusal for bias in general. In its current form, codified at 28 U. S. C. § 144, that provision reads as follows:

“Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding.
“The affidavit shall state the facts and the reasons for the belief that bias or prejudice exists, and shall be filed not less than ten days before the beginning of the term at which the proceeding is to be heard, or good cause shall be shown for failure to file it within such time. A party may file only one such affidavit in any case. It shall be accompanied by a certificate of counsel of record stating that it is made in good faith.”

Under §144 and its predecessor, there came to be generally applied in the courts of appeals a doctrine, more standard in its formulation than clear in its application, requiring — to take its classic formulation found in an oft-cited opinion by Justice Douglas for this Court — that “[t]he alleged bias and prejudice to be disqualifying [under §144] must stem from an extrajudicial source.” United States v. Grinnell Corp., 384 U. S. 563, 583 (1966). We say that the doctrine was less than entirely clear in its application for [545]*545several reasons. First, Grinnell (the only opinion of ours to recite the doctrine) clearly meant by “extrajudicial source” a source outside the judicial proceeding at hand — which would include as extrajudicial sources earlier judicial proceedings conducted by the same judge (as are at issue here).1 Yet many, perhaps most, Courts of Appeals considered knowledge (and the resulting attitudes) that a judge properly acquired in an earlier proceeding not to be “extrajudicial.” See, e. g., Lyons v. United States, 325 F. 2d 370, 376 (CA9), cert. denied, 377 U. S. 969 (1964); Craven v.

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Bluebook (online)
510 U.S. 540, 114 S. Ct. 1147, 127 L. Ed. 2d 474, 1994 U.S. LEXIS 2045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liteky-v-united-states-scotus-1994.