Recognition of Judicial Error

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1999 Petition for Recusal
2000 Appeal for Recusal
Conflict of Interest
Judicial Misconduct

"[I]t is the obligation of a judge to disclose all facts that might be grounds for disqualification."

-- J.M. Shaman, S. Lubet & J.J. Alfini (1995)

Following Bernofsky's publication on this Web site that judges had failed to disclose their association with Tulane to him or his counsel in four lawsuits against the university, one judge in a subsequent lawsuit against Tulane chose to alter course. This judge's disclosure statement, reprinted below, suggests his recognition of judicial error in Bernofsky v. Tulane, where disclosure was withheld.

MINUTE ENTRY
WILKINSON, M.J.
MARCH 2, 2000

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

ASHER RUBINSTEIN	CIVIL ACTION

VERSUS	NO. 00-622

ADMINISTRATORS OF THE TULANE EDUCATIONAL FUND ET AL.	SECTION "R" (2)

Counsel are hereby advised that I currently serve as an unpaid Assistant Professor of Law on the adjunct faculty of the Tulane University School of Law. I am unaware of any circumstance presented by this situation that would require my disqualification under 28 U.S.C. §455(b), and I have no doubt that I am able to handle the captioned matter in this Court in a fair and impartial manner. However, because my "impartiality might reasonably be questioned" as provided in 28 U.S.C. §455(a),

IT IS ORDERED that counsel for all parties must discuss the matter with their respective clients and advise the Clerk of Court, in writing, no later than March 17, 2000, whether they desire to waive the possible ground for disqualification disclosed above, in accordance with the procedure set forth in 28 U.S.C. §455(e), and whether they desire that I should continue to handle this case. Unless all parties unanimously waive, in writing, any perceived problem with this circumstance for Section 455(a) purposes, I will order this case realloted to another Magistrate Judge Section of this Court.

After March 17, 2000, the Clerk of Court is directed to advise me whether or not the parties have unanimously agreed on this matter but will not disclose to me the identity of those who have responded or the substance of their response.

No orders concerning discovery or other matters will be entered by me in this case pending receipt of the parties' responses on or before March 17, 2000.

s/ Joseph C. Wilkinson, Jr.
JOSEPH C. WILKINSON, JR.
UNITED STATES MAGISTRATE JUDGE

cc: LORETTA G. WHYTE, CLERK OF COURT

Note: On March 20, 2000, a new magistrate judge was assigned to this case.

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