USA V. USDC-NVR

The United States filed a petition for a writ of mandamus challenging a district judge’s policy restricting the pro hac vice admission of government attorneys. After the petition was filed, the district judge reversed his previous order denying an attorney in this case pro hac vice admission. The court concluded that the case was not moot and that the controversy remains live where it was reasonably likely that the judge will again deny the pro hac vice applications of attorneys for the United States; while the reversal of the challenged order did not render this controversy moot, it rendered a formal writ of mandamus a superfluous or ineffective remedy here; in this case, the judge acted outside his discretion by failing to provide a valid reason to deny the attorney's application for pro hac vice admission; the judge committed clear error; the first and second Bauman v. U.S. District Court factors weighed in favor of issuing mandamus when the petition was filed, and weigh in favor of offering guidance to the district court; the fact that the judge's order in this case was not an isolated occurrence weighed in favor of granting mandamus relief when the petition was filed; the district court's order raises important problems or issues of first impression and weighed in favor of mandamus relief when the petition was filed and weighs in favor of offering guidance to the district court even though a formal writ is no longer necessary; and issuing a formal writ would have been an appropriate remedy but for the judge’s voluntary cessation. Accordingly, the court denied the petition without prejudice. View "USA V. USDC-NVR" on Justia Law