Isys Technologies v. Google et al

Filing 34

NOTICE CONCERNING WAIVER OF JUDICIAL DISQUALIFICATION from LSY, Chief Deputy Clerk (asp)

United States District Court
District of Utah
D. Mark Jones
Clerk of Court

Louise S. York        
Chief Deputy Clerk

NOTICE CONCERNING WAIVER OF JUDICIAL DISQUALIFICATION
FROM:

Louise S. York, Chief Deputy Clerk

Date: June 23, 2011

TO:

Counsel of Record/Parties

RE:

2:11-cv-507 Isys Technologies v. Google, et al.

Canon 3D of the Code of Conduct provides (with exceptions not pertinent to this case) that when
a judge is disqualified in a proceeding because “the judge’s impartiality might reasonably be
questioned”, the judge may participate in the proceeding if all the parties and lawyers, after
notice of the basis for the disqualification, agree in writing to waive the disqualification under a
procedure independent of the judge’s participation.
Unless a waiver is obtained from all parties and all counsel, Judge Clark Waddoups intends to
disqualify in this proceeding because of these circumstances:
The above referenced case has been reassigned to Judge Clark Waddoups.
Because Judge Waddoups’ nephew, Jon E. Waddoups, is an equity partner in the
law firm of Kirton & McConkie, Judge Waddoups will not hear cases with
counsel participating from that firm, unless all parties and all attorneys consent to
his continued participation in the case.
If you and your client(s) wish to waive the judge’s disqualification, responses (form attached) to
that effect from you and from your client(s) must be sent to me within 14 days of the date of this
Notice. The responses should not be sent to the judge and copies should not be sent to other
counsel. If all parties and all counsel submit such responses, this Notice and all responses will
be made part of the record, as required by Canon 3D, and the judge will continue participation in
the proceeding. If a waiver is not received from all parties and all counsel, this Notice and any
responses will be kept under seal by the clerk and not shown to the judge, nor will the judge be
informed of the identity of any party or lawyer who declined to waive the disqualification. If the
disqualification is not waived, the case will be reassigned to another judge.

350 South Main Street•Salt Lake City, Utah 84101•(801)524‐6100•www.utd.uscourts.gov

Consent to Proceed or Request For Reassignment by the Clerk of Court
United States District Court
District of Utah

Isys Technologies v. Google, et al.
2:11-cv-507
As attorney of record for __________________________________________________
(party name(s)
___ plaintiff (s) or ___defendant (s) in the above-entitled matter, having been informed
of his relationship with his nephew, Jon E. Waddoups, who is an equity partner in the law
firm of Kirton & McConkie, select the following option:
_____

agree to have the matter remain assigned to Judge Clark Waddoups,
waiving any objections due to conflict of interest

_____

request that the clerk reassign the case

____________________________
Attorney signature
____________________________
Print attorney name
If any party or attorney does not consent, the matter will be reassigned. The identity of
the parties or attorneys so requesting will not be communicated to Judge Clark Waddoups.

This completed form should not be filed in the case but sent by email to
[e-mail] or by postal delivery or courier in a sealed envelope addressed
to:
Louise York, Chief Deputy Clerk
US District Court
District of Utah
350 South Main Street Room 150
Salt Lake City, Utah 84101
Forms should be returned by July 8, 2011. Notice of the judicial reassignment, if any,
will be docketed and sent to the parties.