County of Fresno v. Torstensen-Livings et al Doc.

Case 1:06-cv-01263-AWI-SMS Document 9 Filed 10/05/2006 Page 1 of 2

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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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11 COUNTY OF FRESNO, ) CV F 06-1263 AWI SMS
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12 Plaintiff, ) DISCLOSURE
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13 v. )
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ROSALIE TORSTENSEN-LIVINGS, )
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Defendant. )
16 ____________________________________)
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18 A judge has an affirmative duty to recuse himself/herself in any proceeding in which
19 his/her impartiality might reasonably be questioned. 8 U.S.C. § 455; Liteky v. United States, 510
20 U.S. 540, 555 (1994). In some cases, it is unclear whether a judge has an implied conflict until
21 the parties’ review both the specific facts of their case and the judge’s personal circumstances.
22 For this reason, the undersigned makes the following disclosure: On March 1, 2004, the
23 undersigned’s wife, Jeanette Ishii, became employed with the County of Fresno and currently
24 serves as an Assistant County Administrative Officer. Because from the face of the complaint it
25 does not appear Mrs. Ishii’s employment is directly related to the incidents underlying this
26 action, the undersigned declines to sua sponte recuse himself from this case because Mrs. Ishii
27 now works for the County of Fresno. However, leave to file a motion for recusal is given to any
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 Case 1:06-cv-01263-AWI-SMS Document 9 Filed 10/05/2006 Page 2 of 2

1 party who believes that after reviewing the facts of this particular case such a motion is
2 appropriate.
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4 IT IS SO ORDERED.
5 Dated: October 5, 2006 /s/ Anthony W. Ishii
0m8i78 UNITED STATES DISTRICT JUDGE
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