Dearborn Disqualification Upheld

I won a nice win today in the Court of Appeals in Dearborn v Navoy, Court of Appeals No. 311069. Dearborn District Judge Somers has been an outspoken critic of medical marijuana and actually wrote an opinion declaring the law unconstitutional. Despite his repeated comments about his disbelief of the legitimacy of medical marijuana, his belief that that it is the “devil’s weed,” and his long monologues against the drugs, he refused to remove himself from Dearborn v Navoy. The District Chief Judge removed him, the Circuit Court affirmed, and now the Court of Appeals firmed in the linked opinion. While not clear from the opinion, Mr. Navoy has a medical marijuana card. We are placed that our client will have an opportunity to present the matter to a judge who has not staked out the position that Judge Somers has taken.
I also want to give a public nod to my colleague and friend Neil Rockind for his brilliant work in the case. He is a truly great co-counsel.