U.S. v. Swallers

Federal 7th Circuit Court
Criminal Court
Recusal
Citation
Case Number: 
No. 17-2568
Decision Date: 
July 30, 2018
Federal District: 
S.D. Ind., Indianapolis Div.
Holding: 
Affirmed

In prosecution on charges of filing false lien and encumbrance against federal judge arising out of defendant’s filing of $10 million “common law liens” against several federal District Court judges, Dist. Ct. did not err in denying defendant’s motion for recusal under 28 USC section 455(a). Defendant had not filed subject lien against instant Dist. Ct. judge, and although said judge had professional relationships with Dist. Ct. judges who had been victims of defendant’s filing of instant liens, said relationships were not so close that Dist. Ct. needed to recuse himself from all matters involving his colleagues. Moreover, record otherwise showed that no victim had suffered any serious or long-term injury arising out of defendant‘s misconduct. As such, there was little risk that Dist. Ct.’s professional relationships with instant victims would have interfered with prosecution of case.