US District Court Says Former Judge Jones Should Have Disqualified Himself ‘From Day One’ of McDermott Bankruptcy; Motions to Dismiss Van Deelen RICO Suit Taken Under Advisement

After hearing oral argument today, U.S. District Judge Alia Moses has reserved judgment on motions to dismiss former McDermott shareholder Michael Van Deelen’s RICO suit over former judge David R. Jones’ undisclosed relationship with Elizabeth Freeman. Van Deelen alleges that Jones and three other defendants – Kirkland & Ellis, Jackson Walker and Freeman, a former partner at Jackson Walker – fraudulently concealed and profited from the secret romantic relationship. The defendants urge the court to toss the suit, arguing that Van Deelen asserted meritless claims under RICO, Texas law and the Fourth Amendment to the U.S. Constitution. During the four-and-a-half hour hearing, Judge Moses said it was clear that Jones should have disqualified himself from the McDermott bankruptcy proceedings under 28 U.S. Code section 455 “from day one.” Section 455 states that a judge “shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned,” she pointed out. Judge Moses remarked that Jones’ disqualification was “mandatory,” not discretionary, because of his relationship with Freeman. Moreover, when Van Deelen filed a motion in the McDermott case seeking Jones’ disqualification or recusal, “the motion to recuse should have been granted. Period,” the judge said. She acknowledged that Judge Marvin[...]