CAFC's Rader Resigns as Chief Judge, Apologizes for Ethical Breach; Will Remain on Court
Court of Appeals for the Federal Circuit Chief Judge Randall Rader is resigning from his position of Chief Judge effective May 30, he announced at an event held by the Federal Circuit Bar Association on May 23 (here). He will be replaced as chief judge by Sharon Prost, said CAFC (here). Rader’s resignation was followed by an apology for ethical breaches related to his interaction with an attorney in a patent case. He will remain active on the court.
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Rader’s apology posted shortly after his resignation said he relayed the praise of another CAFC Judge to an attorney and added his own, encouraging the lawyer to show the praise to others. “While I never expected that email to emerge as it did, I realize in retrospect that the email constituted a breach of the ethical obligation not to lend the prestige of the judicial office to advance the private interests of others,” said Rader (here). Rader said the events did not affect his impartiality, although he has recused himself from several cases on which he sat in recent weeks.
According to press reports from The Wall Street Journal (here), Rader sent the praise to patent lawyer Edward Reines, who proceeded to share the email with a potential client as well as other lawyers.