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IN RE: BellSouth Corporation - IN RE: Terry Price, Lehr, Middlebrooks, Price & Proctor, P.C.

Citation: Not availableDocket: 02-15635, 02-15445

Court: Court of Appeals for the Eleventh Circuit; June 17, 2003; Federal Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case involves consolidated appeals regarding the disqualification of attorney Terry Price and his law firm from representing BellSouth in a class-action race discrimination suit. The disqualification was due to Price's familial relationship with Chief Judge U.W. Clemon, which necessitated judicial recusal under 28 U.S.C. § 455. The district court's disqualification order aimed to prevent strategic manipulation of the judicial process, as Price's hiring could force Judge Clemon's recusal. BellSouth sought a writ of mandamus to overturn the disqualification, arguing their right to counsel and procedural errors. The appellate court denied the petition, emphasizing the stringent criteria for mandamus relief and the potential manipulation risks in judicial assignments. The court upheld the district court's decision, noting that the right to counsel is not absolute when it undermines judicial integrity, and determined that the disqualification was justified to prevent manipulation, aligning with legal principles and policies governing judicial impartiality.

Legal Issues Addressed

Disqualification of Counsel to Prevent Judicial Manipulation

Application: The court upheld the disqualification of an attorney and his firm due to concerns about strategic hiring to manipulate judicial assignments and force a judge's recusal.

Reasoning: He emphasized that hiring an attorney to manipulate judicial assignment constitutes a compelling reason for disqualification.

Judicial Recusal under 28 U.S.C. § 455

Application: The court evaluated whether a judge must disqualify themselves due to a close relative acting as counsel in a case, affirming the necessity of recusal under these provisions.

Reasoning: The legal framework governing judicial recusal mandates that a federal judge must disqualify themselves if a close relative is acting as counsel in a case (28 U.S.C. 455(b)(5)(ii)) or if that relative has a known interest that could be significantly affected by the case's outcome (28 U.S.C. 455(b)(5)(iii)).

Mandamus Relief Criteria

Application: The petitioners failed to meet the stringent criteria necessary for obtaining a writ of mandamus to reverse the district court's disqualification order.

Reasoning: The court evaluated whether the petitioners could obtain a writ of mandamus to reverse the district court's disqualification order, ultimately determining that they did not meet the stringent criteria necessary for such extraordinary relief.

Right to Counsel of Choice

Application: The court recognized the right to legal counsel of choice but noted that this right is not absolute, especially when hiring counsel aims to manipulate judicial processes.

Reasoning: In response, BellSouth highlighted that Judge Clemon's nephew was an employee at BellSouth, necessitating his recusal regardless of Price's involvement.