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Cole v. United States District Court for the District of Idaho

366 F.3d 813 (2004)

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Cole v. United States District Court for the District of Idaho

United States Court of Appeals for the Ninth Circuit

366 F.3d 813 (2004)

Facts

Kenneth Simoncini was an attorney operating under pro hac vice status. Simoncini had worked with Patricia Cole (plaintiff) on a case for six years. The defendants in that case filed a motion to disqualify Simoncini. In response to the motion, Magistrate Judge Boyle (defendant) asked Cole and Simoncini to submit affidavits to the court for review. Cole submitted an affidavit, but Simoncini declined to do so. Boyle denied the defendants’ motion to disqualify Simoncini but decided to sanction Simoncini for refusing to submit an affidavit. As a result, Simoncini’s pro hac vice status was revoked, and he was disqualified from the case. Despite local procedural-due-process requirements, Simoncini was not given notice or an opportunity to present an argument against his disqualification. Instead of asking Boyle to reconsider his order or filing a motion with the district court to reconsider Boyle’s order, Cole filed a petition with the court of appeals for a writ of mandamus.

Rule of Law

Issue

Holding and Reasoning (Gould, J.)

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