Azmat v. UNITED STATES OF AMERICA

Filing 50

ORDER OF RECUSAL. Magistrate Judge Christopher L. Ray recused. Case reassigned to Magistrate Judge James E. Graham for all further proceedings. Signed by Magistrate Judge Christopher L. Ray on 01/14/2019. (evk)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
NAJAM AZMAT,
Movant,
v.
UNITED STATES OF AMERICA
Respondent.

)
)
)
)
)
)
)
)
)
)

CV417-086
CR413-028

ORDER
This case, involving Najam Azmat’s challenge to his federal
sentence, was recently reassigned to the undersigned. See Docket entry
dated Jan. 8, 2019. Because of a previous attorney-client relationship with
the plaintiff in an unrelated matter, and to avoid any appearance of
impropriety, I recuse.
Two federal statutes govern judicial disqualification due to conflict
of interests. The first, 28 U.S.C. § 144, only applies when “a party . . .
makes and files a timely and sufficient affidavit . . . .” Since no such
affidavit has been filed, it does not apply here. The second, 28 U.S.C. §
455, “places a judge under a self-enforcing obligation to recuse himself
where the proper legal grounds exist.” United States v. Alabama, 828 F.2d

1532, 1540 (11th Cir. 1987), superseded by statute on other grounds as
recognized by J.W. by and through Tammy Williams v. Birmingham Bd.
of Ed., 904 F.3d 1248, 1254 (11th Cir. 2018).

Courts have generally

recognized that prior representation of a party is not an absolute bar on a
judge’s hearing a case. See David v. City and Cty. of Denver, 101 F.3d 1344,
1350-51 (10th Cir. 1996) (“[U]nder § 455(a), a judge’s prior representation
of a witness or a party in an unrelated matter does not automatically
require disqualification.” (citing, inter alia, United States v. Lovaglia, 954
F.2d 811, 815 (2d Cir. 1992); see also Sphere Drake Ins., Ltd. v. All Am.
Life Ins. Co., 307 F.3d 617, 622 (7th Cir. 2002) (“Nothing in the Code of
Conduct for federal judges makes prior representation of a litigant a
disqualifying event,” depending on the time since representation
terminated). Nevertheless, it is vital that litigants and the public see that
the judicial process is fair and impartial. Accordingly, I will exercise my
discretionary power to recuse in this case.

2

The Clerk is, therefore, DIRECTED to reassign this case to
Magistrate Judge James E. Graham for all further proceedings.
SO ORDERED, this 14th day of January, 2019.
______________________________
Christopher L. Ray
United States Magistrate Judge
Southern District of Georgia

3