----- Original Message -----
Sent: Monday, July 12, 2004 12:55 PM
Subject: recusal of a judge
RE UNITED STATES COURT OF APPEALS, JUL 6, 2004
for The District of Alaska,
Rich Curtner, Federal Public
RE: Turney v. Pugh, No. 03 35165, scheduled for oral argument
before Judges Hall, Kleinfeld and Wardlaw on July 9, 2004, 9:00 a.m.
Dear Judge Kleinfeld,
I am writing on behalf of my client, Frank Turney, in the above referenced
matter. Mr. Turney is concerned that you have been assigned to serve on the
panel that will decide his habeas corpus appeal, and he asks that you consider a
recusal in his case.
Mr. Turney reports that he has had numerous contacts
with you over the last ten years during the course of his political activities
in Fairbanks. Mr. Turney has specifically mentioned an incident occurring two or
three years ago on the Cushman Street Bridge. Mr. Turney was wearing a
robe and holding a sign advertising "JAIL4judges.org"
Mr. Turney reports that you had approached him on foot, and addressed him
by name, and advised him that he could be jailed for this activity.
Turney reports replying that he was merely exercising his First Amendment
rights. Following this exchange, you then crossed the street and continued on
your way, according to Mr. Turney.
Mr. Turney believes that this incident
reflects a predisposition regarding the legitimacy of his political expression
and his appeal. He is also concerned that your general awareness and personal
observations of his activities near the federal courthouse in Fairbanks may also
inform and influence your views in this matter.
Thank you for considering this request.
Mary C G2, Assist. Federal Defender
And what was the result of this motion
for recusal? It is as follows:
The panel has requested that
this case be reassigned to another panel.
Accordingly, it is removed from the
oral argument calendar for July 9, 2004.
FOR THE COURT
CATHY A. CATTERSON
CLERK OF COURT
"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.." - Samuel Adams
"There are a thousand hacking at the branches of evil to one who
striking at the
-- Henry David Thoreau