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Appeals court judge faces ethics questions

Published on NewsOK Modified: May 23, 2014 at 2:28 pm •  Published: May 23, 2014

WASHINGTON (AP) — The chief judge of a federal appeals court announced Friday that he's stepping down from his post and apologized for sending an inappropriate email to an attorney who had argued cases before him.

Judge Randall Rader of the U.S. Court of Appeals for the Federal Circuit said in a letter to colleagues that he was "inexcusably careless" for sending the email praising the lawyer's skills and urging him to share it with others.

Rader said he will continue to serve as a judge on the appeals court, which specializes in hearing patent cases. He will be succeeded as chief by Judge Sharon Prost effective May 30.

"I have come to realize that I have engaged in conduct that crossed lines established for the purpose of maintaining a judicial process whose integrity must remain beyond question," Rader wrote in the letter posted on the court's website. The letter is addressed to the court's 17 other judges.

Earlier this month, Rader recused himself from two cases in which the attorney, Edward Reines, had appeared before the court on behalf of computer giant Microsoft Corp. and medical device maker Medtronic Inc.

The Wall Street Journal reported Thursday that Rader had sent a "laudatory email" to Reines and encouraged him to show the message to others. While Rader acknowledged sending the email, he did not name the recipient.

Reines did not respond to a request for comment.

Such messages would not be considered appropriate under ethical rules, said Stephen Gillers, a law professor at New York University and an expert on legal ethics.

"It implies that the lawyer has some particular influence with the judge," Gillers said.

Rader said he would never compromise his impartiality as a judge but realizes that the email "may have led to the perception that the attorney in question was in a position to influence me in my performance of judicial duties."

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