Hoskins v. Board of Corrections et al

Filing 61

ORDER. NOW THEREFORE IT IS HEREBY ORDERED, that unless all parties file a written agreement on or before 2/24/2014 that the Court need not recuse itself pursuant to Canons 3(C)(1) & (D), the Court will recuse itself and direct the Clerk to reassign this case to another Judge. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

DAVID HOSKINS,
Case No. 1:13-cv-00264-BLW
Plaintiff,
v.

ORDER

CMS MEDICAL, CORIZON,
JOHANNA SMITH, BLADES, RONA
SIEGERT, STACY MCGREW, SARA
GOFF, DEBBIE RICHARDSON, LPN
DEANN, DR. MYUNG SONG, SHELL
FISHER, SCOTT ELIASON, AND JILL
WHITTINGTON,
Defendants.

It has come to my attention that counsel from Parsons Behle represents one of the
parties in this case. My sister, Patricia J. Winmill, works as an attorney at the same firm.
Because Parsons Behle routinely appears in cases filed in the District of Idaho, there have
been prior discussions concerning the propriety of my presiding over cases in which the
Parsons Behle firm is involved. From those discussions, it is my understanding that my
sister will not be involved in any way with this or any other case assigned to my docket.
ORDER -1

Likewise, Parsons Behle has agreed that she will be walled-off by the firm from any
litigation in which I preside. I am also advised that my sister does not share in the firm’s
profits; instead, she participates in Parson Behle’s Senior Shareholder Compensation
System, which gives senior attorneys the option to work less in exchange for not
participating in firm profits. Thus, she is a non-equity partner who earns a percentage of
her billings, plus whatever “origination” compensation she would otherwise be entitled
to. She has the right to re-enter the profit-sharing system, but has no plans to do so.
While my sister does not have any interest in the firm that would disqualify me,
and has nothing to do with this case, I find that the appearance of my impartiality might
reasonably be questioned and that Judicial Canon 3(C)(1) applies to this case. Pursuant to
Canon 3(D), “[i]nstead of withdrawing from the proceeding, a judge disqualified by
Canon 3(C)(1) may . . . disclose on the record the basis of disqualification. The judge
may participate in the proceeding if, after that disclosure, the parties and their lawyers
have an opportunity to confer outside the presence of the judge, all agree in writing or on
the record that the judge should not be disqualified, and the judge is then willing to
participate. The agreement should be incorporated in the record of the proceeding.”
Pursuant to Canon 3(D), the parties are directed to meet together to discuss
whether they can agree that I not be disqualified. If they so agree, they shall file their
agreement in writing on or before February 24, 2014. If no agreement is filed by that
date, the Court will recuse itself and have the case reassigned to another Judge. If no
agreement is reached, the reasons why are strictly confidential and not to be revealed to
the Court. Accordingly,
ORDER -2

NOW THEREFORE IT IS HEREBY ORDERED, that unless all parties file a
written agreement on or before February 24, 2014 that the Court need not recuse itself
pursuant to Canons 3(C)(1) & (D), the Court will recuse itself and direct the Clerk to
reassign this case to another Judge.

DATED: February 13, 2014

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

ORDER -3