Monday, March 15, 2010

Order Referring Action To "Proper Authorities"

In Hofmann v. EMI Resorts, Inc et al, (109cv20526 DE #956), Judge Gold entered an interesting order which is shown in its entirety below.  A portion of the introduction to the 35 page order stated:
The Special Master’s Report and Recommendation is very serious. For reasons stated in this Order, I have a solemn duty to “preserve the integrity of this Court” and to “notify the proper authorities” in accordance with the Federal Judicial Code of Conduct because I conclude that a crime has been, or may have been, committed in connection with a matter over which I preside. See Code of Conduct for the United States Judges, Compendium Section § 1.1(c) (2009); cf. Brookings v. Clunk, 389 F.3d 614, 623 (6th Cir. 2004) (“Additionally . . . Judge Clunk had an obligation to report potentially obstructive conduct to the proper authorities if he felt such conduct had occurred in a case before him.”).
While I understand Defendants’ concerns regarding a referral to the appropriate authorities, I cannot stand idly by as revelations of seemingly criminal activity continue to amass. In referring this matter to the authorities, I acknowledge and affirm that I am not a prosecutor. As such, the reference will be made in a neutral fashion, carefully calculated to avoid passing judgment on the culpability of the persons involved. However, to the extent that my silence can be construed as indifference to the allegations of criminal activity that have effectively engulfed this case, I remain silent no longer.
Hofmann v. EMI Resorts, Inc Et Al


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