United States v. Alabama

582 F. Supp. 1197, 1984 U.S. Dist. LEXIS 18526
CourtDistrict Court, N.D. Alabama
DecidedMarch 16, 1984
DocketCiv. A. No. CV 83-C-1676-S
StatusPublished
Cited by11 cases

This text of 582 F. Supp. 1197 (United States v. Alabama) is published on Counsel Stack Legal Research, covering District Court, N.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Alabama, 582 F. Supp. 1197, 1984 U.S. Dist. LEXIS 18526 (N.D. Ala. 1984).

Opinion

OPINION ON MOTIONS FOR RECUSAL

DYER, Senior Circuit Judge, Sitting by Designation.

The United States instituted this action against the State of Alabama and its state institutions of higher learning, including Auburn University, alleging that the defendants are maintaining and perpetuating racial segregation. The case was routinely and randomly assigned to Judge U.W. Clemon. Auburn University and Wayne Teague, the State Education Commissioner, filed motions to disqualify Judge Clemon pursuant to 28 U.S.C. §§ 144 and 455.

Judge Clemon did not reach the sufficiency of the affidavits’ averments but denied the motions because the affidavits were executed by counsel instead of the parties. Auburn and Teague then filed a motion for reconsideration accompanied by affidavits properly executed by the parties. Judge Clemon denied the motion on the ground that § 144 permits a party to file only one affidavit in any case.

After a hearing, Judge Clemon, by opinion, denied the motion based upon § 455. On petition for Mandamus by Auburn and Teague, the Court of Appeals, without expressing any opinion on the ultimate question of disqualification, remanded the case [1200]*1200“with directions that another judge be assigned to hear the recusal proceedings.” 1 The identical affidavits filed by Auburn and Teague generally allege three grounds for disqualification which may be summarized as follows:

1. Judge demon’s minor children are possible members of a class of black school children seeking to intervene, suggesting the possibility of the appearance-of a personal interest in the outcome of the case.

2. While in private practice Judge demon appeared as attorney of record for individual plaintiffs in a statewide desegregation case which may have provided him with access to factual matters disputed in the present case.

3. Judge demon’s prior association with former Senator Stewart, who is now a member of the firm representing Alabama A & M in this action, creates the “possibility of the appearance of personal bias.”

For the reasons discussed hereafter, the averments of the affidavits are insufficient, as a matter of law, to require disqualification under § 144. The affidavits, together with the evidence presented, also fail to support disqualification under § 455. Accordingly, the motions are denied and the case is reassigned to Judge demon for disposition of the case on the merits.

THE LEGAL SUFFICIENCY OF DEFENDANT’S AFFIDAVITS UNDER 28 U.S.C. § 144.

Section 1442 requires a district judge’s recusal when a party files a “timely and sufficient” affidavit alleging personal bias or prejudice against that party or in favor of an adverse party. Parrish v. Board of Commissioners, 524 F.2d 98, 100 (5th Cir.1975, en banc), cert. denied, 425 U.S. 944, 96 S.Ct. 1685, 48 L.Ed.2d 188 (1976). An affidavit in this circumstance is legally sufficient only if it sets forth facts and reasons for the party’s belief “which give fair support to the charge of a bent of mind that may impede impartiality of judgment.” Parrish, 524 F.2d at 100 (quoting Berger v. United States, 255 U.S. 22, 23 (1921)). Further, the judge must assume the truth of the matters alleged and limit his determination to the legal sufficiency of the averments. See Berger v. United States, 255 U.S. 22, 41 S.Ct. 230, 65 L.Ed. 481; Davis v. Board of School Commissioners, 517 F.2d 1044, 1051 (5th Cir.1975), cert. denied, 425 U.S. 944, 96 S.Ct. 1685, 48 L.Ed.2d 188 (1976).

Since § 144 requires recusal merely on the basis of a party's belief that a judge is biased, without questioning the veracity of the affiant’s allegations, it invites abuse. Thus, the statutory standards for compliance are strictly construed. In United States v. Haldeman, the court detailed the stringent requirements for legal sufficiency under § 144:

Section 144 specifies that “[t]he affidavit supporting a motion thereunder ‘shall state the facts and the reasons for the belief that bias or prejudice exists;’ ” and it does so for the best of reasons. This provision, like the accompanying mandate that counsel of record certify that the affidavit is made in good faith, was designed to guard against groundless claims and the impositions they would inflict on the judicial process. To achieve that end, the courts have consistently [1201]*1201held that the affidavit must meet exacting standards. It must be strictly construed; it must be definite as to time, place, persons and circumstances. Assertions merely of a conclusionary nature are not enough, nor are opinions or rumors. And the affidavit “must give fair support to the charge of a bent of mind that may prevent or impede impartiality of judgment.”

559 F.2d 31,134 (D.C.Cir.1976), cert. denied, 431 U.S. 933, 97 S.Ct. 2641, 53 L.Ed.2d 250 (1977). (footnotes omitted).

In addition, the strength of the averments is tempered by a presumption of the judge’s impartiality. “Since a judge is presumed impartial, the party seeking recusal has a substantial burden to overcome the presumption with factual allegations of personal bias stemming from extra-judicial source.” United States v. Baskes, 687 F.2d 165, 170 (7th Cir.1981).

To determine whether disqualification is required under § 144, the allegations contained in the affidavits of Auburn and Teague must be scrutinized. If they support “the charge of a bent of mind that may prevent or impede impartiality of judgment” on any of the three grounds raised by the affidavits, recusal is required.

An analysis of the sufficiency of the allegations must begin with the test adopted by the Fifth Circuit in Parrish. There the court, quoting United States v. Thompson, set forth the three requirements for a legally sufficient affidavit as follows:

“In an affidavit of bias, the affiant has the burden of making a three-fold showing:
1. The facts must be material and stated with particularity;
2. The facts must be such that, if true they would convince a reasonable man that a bias exists;
3. The facts must show the bias is personal, as opposed to judicial, in nature.”

524 F.2d at 100 (quoting United States v. Thompson, 483 F.2d 527, 528 (3d Cir.1973).

Application of the Parrish

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Bluebook (online)
582 F. Supp. 1197, 1984 U.S. Dist. LEXIS 18526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-alabama-alnd-1984.