Lautenbaugh v. Nebraska State Bar Association et al

Filing 9

MEMORANDUM AND ORDER that Judge Zwart recuses herself from this case. Judge Kopf will handle this case without the assistance of a magistrate judge. Ordered by Senior Judge Richard G. Kopf. (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

SCOTT LAUTENBAUGH, on behalf of
himself and the class he seeks to
represent, Plaintiffs,
v.
NEBRASKA STATE BAR
ASSOCIATION,
WARREN R. WHITTED, JR.,
President, Nebraska State Bar
Association, in his official capacity;
MARSHA E. FANGMEYER, PresidentElect, Nebraska State Bar Association,
in her official capacity;
G. MICHAEL FENNER, PresidentElect Designate, Nebraska State Bar
Association, in his official capacity,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

4:12CV3214

MEMORANDUM AND ORDER

This case involves the Nebraska State Bar Association.
Defendants from using their member dues for certain activities.

The suit seeks to prevent

Judge Zwart must be a member of the Nebraska State Bar Association in order to seek
reappointment. See 28 U.S.C. § 631(b). On the other hand, Judge Kopf is not a member of the
Nebraska State Bar Association and he is not required to be a member of that association to continue
as a judge.
Under the foregoing circumstances, Judge Zwart contacted Judge Kopf. They then
conferred. The judges have jointly agreed that Judge Zwart will recuse, although she may not have
an ethical obligation to do so. Judge Kopf will handle this case without the assistance of a
magistrate judge.
Accordingly,
IT IS ORDERED that:
1.

Judge Zwart recuses herself from this case.

2.

Judge Kopf will handle this case without the assistance of a magistrate judge.

October 15, 2012.

BY THE COURT:
s/Cheryl R. Zwart
Cheryl R. Zwart
United States Magistrate Judge
and
s/Richard G. Kopf
Richard G. Kopf
Senior United States District Judge

2