Judge denies farmers' complaint

From Staff Reports

Published: December 15, 2007

DENVER — Oklahoma chicken farmers have lost their attempt to have a judge, who was dating a lawyer in a law firm that represents a chicken company they are suing, thrown off the case.

The 10th U.S. Circuit Court of Appeals this week denied the farmers' request to order U.S. District Judge Ronald White in Muskogee removed from the class-action case.

Their 2002 lawsuit alleges O.K. Industries Inc. of Fort Smith, Ark. used illegal practices to profit at the expense of 300 farmers, in LeFlore County and surrounding counties, who raise chickens under contract with the company.

Millions of dollars are at stake. About 400 farmers were part of the case in an earlier stage of the litigation.

The farmers contended the existence of White's "romantic relationship” with the lawyer, who works at the Gable & Gotwals firm in Tulsa, required him to step aside under the code of conduct for judges.

The farmers also contended the relationship, combined with the fact that he had dismissed their lawsuit, led to an appearance that he is not impartial in the case.

The Denver-based appeals court on July 31 ruled that White erred in dismissing the lawsuit and instructed him to reinstate part of it. A trial is set for March.

The farmers on Oct. 5 raised the issue of White dating the lawyer and asked him to step off the case. He refused, saying the relationship did not require him to recuse himself. The farmers appealed.

The appeals court ruled 3-0 this week against them, saying the lawyer "has not been involved in the case in any way (and) has no interest in the outcome.” Other lawyers are representing the company.

The appellate judges said the farmers' request did not meet the legal standard required to remove White from the case. The judges said the standard is "a clear abuse of discretion, or conduct amounting to a usurpation of judicial authority.”

The farmers are represented by the Crowe & Dunlevy law firm in Oklahoma City.

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