Professional Documents
Culture Documents
)
)
)
)
)
)
)
)
)
)
)
) Case No. 14-CV-00187-RAW
)
)
)
)
)
Ms. Carbone was formerly married to Clark Crapster who is an attorney for
Steidley & Neal. The couple separated in February 2013 and were divorced in
April 2014. Ms. Carbone received her law license in November 2014.
1
presumed to know not only the first and last names of every person in her
spouses law firm, including support staff, but also the occupation of the spouse
of every firm employee.
information between spouses in Defendants law firm doesnt apply when ones
spouse is a federal judge.
Defendants own argument, ironic as it is, proves that an objectively
reasonable appearance of bias arises when a judge fails to disclose his wife
works for opposing counsel of record.
Ms. Carbone was not aware, until researching Judge Shreders
background in connection with preparing the present motion, that Sandy
Shreder was married to Judge Shreder. Defendants suggestion that Plaintiffs
held onto this knowledge as a trump card is ludicrous. If Plaintiffs had, at
the outset, known of Judge Shreders spousal relationship with defense
counsel, Plaintiffs wouldnt have sat back and waited to see how things
progressed, thinking they were backstopped by an always-disfavored
disqualification motion. Counsel (Paul DeMuro) raised the issue with Buddy
Neal immediately upon learning of Judge Shreders spousal relationship with
defense counsel.
The Correct Standard is Appearance of Bias, Not Actual Bias.
Defendants acknowledge the governing legal standard under 28 U.S.C.
455(a) (Doc. 795 p. 9), but then proceed to ignore it. Defendants repeatedly
3
complain that Plaintiffs fail to establish any actual bias by Judge Shreder. See
Doc. 795, pp. 5, 10, 13-15. Actual partiality is not required for mandatory
disqualification under 28 U.S.C. 455(a). All that is required under the broad
prohibition of 455(a) is a showing that a reasonable person, knowing all the
relevant facts, would harbor doubts about the judges impartiality. United
States v. Cooley, 1 F.3d 985, 993 (10th Cir. 1993). As the United States Supreme
Court recently recognized:
[o]objective standards may also require recusal whether or not
actual bias exists or can be proved. Due process may
sometimes bar trial by judges who have no actual bias and who
would do their very best to weigh the scales of justice equally
between contending parties. The failure to consider objective
standards requiring recusal is not consistent with the imperatives
of due process. . .
Caperton v. AT Massey Coal Co., 556 U.S. 868, 883-84 (2009) (emphasis added).
Plaintiffs seek Judge Shreders disqualification not because of any actual
display of impartiality, but because his wifes employment by defense counsel
creates an objectively reasonable question of the appearance of bias.
Judge Shreders Failure to Disclose is Material.
Because the relationship of Judge Shreders wife to defense counsel
creates an objectively reasonable question of his ability to be impartial, Judge
Shreder was required either to disclose the relationship or voluntarily recuse.
See 28 U.S.C. 455(e); Canon 3D (permitting judges participation in
proceeding only after disclosure to the parties).
4
See, e.g., Smith v. Beckman, 683 P.2d 1214, 1216 (Colo. Ct. App. 1984) (In
addition to living together, a husband and wife are also perceived to share
confidences regarding their personal lives and employment situations . . . the
public views married people . . .as participants in a relationship more intimate
than any other kind of relationship between individuals.
2
RESPECTFULLY SUBMITTED,