Reagan Judicial appointee reprimanded for racial comment.
Judge is asked to recuse himself from case
By The Associated Press
The Associated Press
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YAKIMA — A federal judge reprimanded for passing disparaging notes in court has been asked to voluntarily remove himself from a case brought by a group of Hispanic activists.
U.S. District Judge Alan McDonald of Yakima shouldn't hear a case involving Hispanics, said Matthew Metz, a Seattle lawyer.
McDonald was reprimanded by the 9th U.S. Circuit Judicial Council in 2000 for a series of notes exchanged with a clerk in court. While the judicial council found that McDonald wasn't biased against any ethnic, racial or religious groups, it did find that the note exchange violated conduct rules for judges, undermined the public's confidence in an impartial judiciary and could be interpreted as reflecting bias. McDonald did not immediately return a call seeking comment yesterday.
Chief Judge Fred Van Sickle in Spokane said he had only learned of Metz's recusal request Thursday and would decide by next week how to handle it.
McDonald could hear the request himself, or it could be assigned to another judge.
Metz said he was reluctant to file the recusal motion, but added that he had no choice after he read the council's reprimand. He said he only learned about the reprimand this year after agreeing to represent his client.
Other lawyers who represent Hispanic defendants say they're considering filing similar requests. That could pose a problem for U.S. District Court administrators because the federal court docket in Yakima includes many cases involving Hispanics.
Since December 1996, McDonald has been on semi-retired "senior status," working a reduced caseload while drawing a full salary of $154,700.
Some of the notes that had been circulated by McDonald in court and led to the reprimand three years ago contained disparaging remarks about defendants and lawyers who appeared before McDonald. The notes included racially offensive language, as well as off-color remarks about union officials, Mormons and attorneys.
In a 1991 drug case in Yakima, Kathryn Blankenship, who sued over being fired in 1995 as McDonald's court reporter, said McDonald's court clerk Pam Posada passed a note to the judge, and then to her. The note commented on Hispanic people in the courtroom. "It smells like oil in here — too many 'Greasers,' " the note said.
In January, a recusal motion was brought by George Trejo, a Yakima criminal defense attorney and former McDonald law clerk who represents Hispanic defendants across the West. Trejo said the judge shouldn't be hearing any cases that involve Hispanics. Van Sickle reassigned Trejo's case to U.S. District Judge Robert Whaley.
Metz represents Julio Romero, a Mexican immigrant and the lead plaintiff in a proposed class action that could include about 300 Yakima-area residents. Most are recent immigrants.
Last month, they sued the Northwest Area Foundation of Minneapolis, founded by the heirs of railroad magnate James J. Hill.
Two years ago, the foundation said it would consider investing $15 million to reduce poverty in the Yakima Valley. The project was part of a plan to spend $150 million in 16 communities in eight states, including Washington, Oregon, Idaho and Montana.
The foundation asked local Hispanics, including Romero, to work on an anti-poverty plan for Yakima. But in August, it rescinded the offer, saying residents hadn't developed the plan quickly enough.
Romero, an unemployed farm and factory worker, attributes his joblessness to the time he spent on project meetings.
In an affidavit filed April 4, Romero said he recently read the judicial council report on McDonald and "became deeply concerned about my ability to get a fair trial in this case."
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