Judge Edward M. Chen, a federal district court judge in the Northern District of California, demonstrated very real bias during a hearing in 2017. Chen’s bias came through loud and clear when he made a statement captured on an iPhone when he thought no record was being made.
Federal court rules require judges to schedule a court reporter to record hearings, or, at a minimum, switch on the court’s recording equipment. Chen did neither because Judges don’t always want a record of what goes down in federal court.
The incident of bias occurred on July 29, 2017, when Judge Chen was presiding over a routine case management conference in the lawsuit Paul Somers v. Digital Realty & Ellen Jacobs. Plaintiff, Paul Somers, appeared in court without representation because his lawyers at Outten & Golden had mysteriously quit after a single phone call with Digital Realty’s lawyers. They quit despite holding a large chunk of Mr. Somers money as a retainer. Outten & Golden was being paid hourly and had just started representation.
This is what Judge Edward M. Chen said to Brian T. Ashe, the lawyer for Digital Realty/Chubb.. This is what Chen said my opponents’ attorney in an open courtroom:
“I mean the first opportunity is often a motion to dismiss under Rule 12, but we’re beyond that at this point so normally we reserve that and once I reset the schedule, um ah, hopefully at that point you’ll move for summary judgment…”Judge Edward M. Chen, July 29, 2017.
He tries to correct himself but it was too late:
“um ah, hopefully at that point you’ll move for summary judgment…it sounds like you’re going to move for summary judgment and that will probably happen as a series of motions at that point.Judge Edward M. Chen, July 29, 2017.
Judge Chen’s slip of tongue required that he immediately withdraw from the case yet he continued to preside over the lawsuit. When a judge presides over a case in which he does not have the ability to do so, it is said that he’s acting without jurisdiction. This means that the he final 2 1/2 years of the case he had as much of a right to act as a judge as your next-door-neighbor.
Either way, we know that Judge Chen intentionally deprived Somers of his Constitutional right to a fair and impartial judge because has a vested interest in the outcome favoring Dig
- Marcoangelost77 EDITI’ve heard about this guy. He owns half the real estate in the Bay Area. Figures.LikeREPLY