Janella Smart v. The Professional Group

Summary

The United States District Court for the Eastern District of Michigan denied Janella Smart’s motion seeking recusal of District Judge F. Kay Behm. The court held that the motion did not satisfy the procedural requirements of 28 U.S.C. § 144 and did not establish grounds for recusal under either § 144 or § 455, including personal or extrajudicial bias.

Holdings

1. Recusal was not required under § 455 because Smart did not allege facts that would cause a reasonable person with knowledge of all the facts to question the judge's impartiality.
2. Smart was not entitled to further consideration under § 144 because she did not submit the required affidavit alleging personal bias or prejudice and did not file the required certificate of good faith.
3. A party's disagreement with, or delay in receiving, judicial rulings and alleged inconvenience associated with the courthouse location do not, without more, establish a basis for recusal.

Questions Presented

1. Whether the district judge was required to recuse under 28 U.S.C. § 455 because the judge's impartiality might reasonably be questioned.
2. Whether Smart satisfied the procedural and substantive requirements for recusal under 28 U.S.C. § 144.
3. Whether the pendency of objections, alleged lack of judicial oversight, or courthouse-location inconvenience established personal or pervasive judicial bias.

Disposition

other