Evans v. MN Professional Educator Licensing and Standards Board

Background

The court considered Hernandez Cortez Evans, Jr.’s Motion to Request a Change in Judge. Evans proceeded without a lawyer. He asked the court to remove United States District Judge Susan Richard Nelson and Magistrate Judge Becky R. Thorson because he preferred an African American judge.

Legal standard

The court explained that judges in the District of Minnesota are assigned randomly under Local Rule 40.1(a)(1), and the assigned judge ordinarily presides over the case until it is finally decided. A request for recusal—the removal of a judge because of possible bias or another legally recognized reason for disqualification—may be reviewed under 28 U.S.C. § 144 or 28 U.S.C. § 455.

The court stated that judges should not remove themselves lightly. A judge must step aside when the judge’s impartiality might reasonably be questioned, but judges are presumed impartial, and the person seeking recusal bears a substantial burden of proving otherwise. That person must state the facts and reasons supporting the belief that bias or prejudice exists.

Ruling

Judge Susan Richard Nelson found that Evans had not provided any facts or reasons suggesting bias or prejudice. The court therefore denied Plaintiff’s Motion to Request a Change in Judge [Doc. No. 6]. The opinion addressed the judge-change request and did not decide the underlying claims against the MN Professional Educator Licensing and Standards Board.