CAEB — Order Adopting Plan for Conflict Screening for Visiting Judges

Source: https://www.caeb.uscourts.gov/documents/Forms/GeneralOrders/General%20Order%2022-06.pdf

FILED Dec. 12, 2022 UNITED STATES BANKRUPTCY COURT UNITEDEASTERNSTATESDISTRICTBANKRUPTCYOF CALIFORNIACOURT EASTER DISTRICT OF CALIFORNIA

In re ORDER ADOPTING PLAN FOR ) CONFLICT SCREENING FOR ) General Order 22-06 VISITING JUDGES ) ___________________________)

Pursuant to the Judicial Council of the Ninth Circuit’s Mandatory Conflict Screening Implementation Plan, bankruptcy courts are required to have a plan to screen conflicts of interest for visiting judges. The screening plan for judges visiting the Eastern District of California Bankruptcy Court is as follows:

1. All Purpose Assignment. When a visiting judge is assigned a case(s) and/or adversary proceeding(s) for all purposes in the Bankruptcy Court for the Eastern District of California, the visiting judge must maintain a “conflicts list” and a “recusal list” in this district. Such lists must be added to the automated conflict screening system before the visiting judge undertakes any work in the Bankruptcy Court for the Eastern District of California. A. Conflicts List. The conflicts list shall be comprised of all persons for which the visiting judge must recuse, Canon 3(C) of the Code of Conduct for United States Judges; said conflicts list shall be communicated by the visiting judge to the Clerk of the Court immediately on appointment. The Clerk of the Court shall cause those persons to be entered into the automated conflicts screening system. B. Recusal List. The recusal list shall be comprised of all persons for which the visiting judge may be required to recuse, Canon 3(C) of the Code of Conduct for United States Judges; such data may be exported from the visiting judge’s home district.
2. Assignment for Less than All Purposes. When a visiting judge is assigned a case(s) and/or adversary proceeding(s) for less than all purposes, e.g., a settlement conference judge, in the Bankruptcy Court for the Eastern District of California, the visiting judge need not maintain a conflict list and/or a recusal list for the Bankruptcy Court for the Eastern District of California. Instead, the Clerk of

Court will send the visiting judge a list of all parties in interest and, creditors and, if relevant, a list of corporate owners in PDF format, so that the visiting judge can review this list for possible conflicts of interest. 3. Responsibility for Implementation. Responsibility for compliance with this order shall be as follows: A. All requests for use of an out-of-district judge shall be made to the Chief Bankruptcy Judge for the Eastern District of California, who shall seek authority from the Ninth Circuit Court of Appeals. B. If the Ninth Circuit Court of Appeals appoints an out- of-district judge to hear cases and/or adversary proceedings in the Eastern District of California, the Chief Bankruptcy Judge shall inform the Clerk of the Court. C. The Clerk of the Court shall: (1) communicate to the visiting judge his or her responsibilities under the terms of this general order; (2) ensure that all data provided by the visiting judge is uploaded properly into the CM/ECF System of the Eastern District of California in a timely manner; and (3) inform the Chief Bankruptcy Judge of the visiting judge’s compliance or lack thereof.

IT IS SO ORDERED. DATED:

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Fredrick E. Clement Ronald H. Sargis Chief Bankruptcy Judge Bankruptcy Judge

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Christopher D. Jaime René Lastreto II Bankruptcy Judge Bankruptcy Judge

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