Jamison v. Jarden Corporation

Filing 14

STANDING ORDER for Cases Assigned to Judge Cameron McGowan Currie in which Nelson Mullins Riley & Scarborough, LLP Appears. (abuc)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Standing Order for Cases Assigned to
)
Judge Cameron McGowan Currie
)
in which Nelson Mullins Riley &
)
Scarborough, LLP Appears.
)
____________________________________)

Misc. No.

This order applies to all cases in which Nelson Mullins Riley & Scarborough, LLP
(“NMRS”) enters an appearance, is named as a party, or is otherwise associated. Such cases present
the potential for a conflict of interest because of the employment of the undersigned’s daughter,
Katherine Cameron Currie (“Ms. Currie”) as an associate with NMRS effective September 9, 2008.
Judicial conflicts are governed by Canon 3C of the Code of Conduct for United States Judges
which provides in pertinent part as follows:
C. Disqualification
(1) A judge shall disqualify himself or herself in a proceeding in which the judge’s
impartiality might reasonably be questioned, including but not limited to instances
in which:
***
(d) the judge or the judge’s spouse, or a person related to either within the third
degree of relationship, or the spouse of such a person:
***
(i) is a party to the proceeding, or an officer, director, or trustee of a party;
(ii) is acting as a lawyer in the proceeding; [or]
(iii) is known by the judge to have an interest that could be substantially affected by
the outcome of the proceeding . . . .
Canon 3C(1)(d)(i)-(iii). See also 28 U.S.C. § 455 (b)(5) (corresponding statutory language).
Because Ms. Currie’s employment is as an associate with no management responsibilities
for other attorneys or equity interest in the firm, conflicts will normally be presented only under
subpart (ii), and then only if Ms. Currie performs work on a matter assigned to the undersigned or
the matter otherwise involves Ms. Currie’s duties. Because work on a matter may not rise to the
level of entry of an appearance, the court places an affirmative duty on NMRS to advise the court

and opposing counsel in the event Ms. Currie performs any work in relation to a matter assigned to
the undersigned or if the matter otherwise involves Ms. Currie’s duties. NMRS also has a duty to
inform the court and opposing counsel if a matter assigned to the undersigned involves special
circumstances which may have a substantial effect on any interest of Ms. Currie’s. Upon receipt
of such notice, the matter will be reassigned. See Commentary to Canon 3C (“The fact that a lawyer
in a proceeding is affiliated with a law firm with which a lawyer-relative of the judge is affiliated
does not of itself disqualify the judge. Under appropriate circumstances, the fact that ‘the judge’s
impartiality might reasonably be questioned’ under Canon 3C(1), or that the lawyer-relative is
known by the judge to have an interest in the law firm that could be ‘substantially affected by the
outcome of the proceeding’ under Canon 3C(1)(d)(iii) may require the judge's disqualification.”);
Committee on Codes of Conduct Advisory Opinion No. 58 (“If the relative [of the judge to whom
the matter is assigned] is an associate or non-equity partner and has not participated in the
preparation or presentation of the case before the judge, and the relative’s compensation is in no
matter dependent upon the result of the particular case before the judge, recusal is not mandated.”).
IT IS SO ORDERED.

S/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
UNITED STATES DISTRICT JUDGE
Columbia, South Carolina
September 3, 2008