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STERN v. SUPREME JUDICIAL COURT FOR COM. OF MASS.

Civil Action No. 98-10896-GAO.

16 F.Supp.2d 88 (1998)

Donald K. STERN, in his Official Capacity as United States Attorney for the District of Massachusetts, and Craig C. Donsanto, in his Official Capacity as Director, Election Crimes Branch, Criminal Division, Department of Justice, Plaintiffs, v. THE SUPREME JUDICIAL COURT FOR THE COMMONWEALTH OF MASSACHUSETTS; The Board of Bar Overseers for the Commonwealth of Massachusetts; Arnold R. Rosenfeld, in his Official Capacity as Bar Counsel for the Board of Bar Overseers; The United States District Court for the District of Massachusetts; Joseph L. Tauro, in his Official Capacity as Chief Judge of the United States District Court for the District of Massachusetts; and Robert E. Keeton, Rya W. Zobel, William G. Young, Mark L. Wolf, Douglas P. Woodlock, Edward F. Harrington, Nathaniel M. Gorton, Richard G. Stearns, Reginald C. Lindsay, Patti B. Saris, Nancy Gertner, Michael A. Ponsor, and George A. O'Toole, Jr., in their Official Capacities as United States District Judges for the District of Massachusetts, Defendants.

United States District Court, D. Massachusetts.

August 3, 1998.

Attorney(s) appearing for the Case

David S. Mackey, United States Attorney's Office, Boston, MA, for Donald K. Stern and Craig C. Donsanto, Plaintiffs.

LaDonna J. Hatton, Attorney General's Office, Criminal div., Judith S. Yogman, Attorney General's Office, Boston, MA, for Supreme Judicial Court, Defendant.

David Rossman, Boston University School of Law, Boston, MA, for Board of Bar Overseers for Com. of Mass. and Arnold R. Rosenfeld.

Gael Mahony, Michael D. Vhay, E. Randolph Tucker, Timothy J. Veeser, Hill & Barlow, Boston, MA, for United States District Court for the District of Massachusetts, Joseph L. Tauro, Robert E. Keeton, Rya A. Zobel, William G. Young, Mark A. Wolf, Douglas P. Woodlock, Edward F. Harrington, Nathaniel M. Gorton, Richard G. Stearns, Reginald C. Lindsay, Patti B. Saris, Nancy Gertner, Michael A. Ponsor, George A. O'Toole, Jr., Defendants.

MEMORANDUM OF RECUSAL

O'TOOLE, District Judge.

The plaintiffs have brought the present action seeking declaratory and injunctive relief to prevent the defendants from enforcing against them Supreme Judicial Court Rule of Professional Conduct 3.8(f), which became effective on January 1, 1998, both in the courts of the Commonwealth and in this Court by incorporation pursuant to Local Rule 83.6(4)(B). When this action was commenced, it was drawn to me...

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