In a startling revelation, Judge Edward M. Chen, a federal district court judge in the Northern District of California, showcased an apparent display of bias during a courtroom hearing in 2017. Judge Chen’s apparent bias became evident through a remark he made, unbeknownst to him, that was captured on an iPhone recording, highlighting the critical need for a reliable record of court proceedings.

Federal court regulations mandate judges to arrange for a court reporter to document hearings, or at the very least, activate the court’s recording apparatus. However, Judge Chen opted to bypass this procedure, illustrating that judges occasionally prefer to keep proceedings off the record.

The incident in question transpired on July 29, 2017, during a routine case management conference for the lawsuit Paul Somers v. Digital Realty & Ellen Jacobs. The plaintiff, Paul Somers, found himself in court without legal representation, as his lawyers at Outten & Golden had unexpectedly ceased their involvement after a single conversation with attorneys representing Digital Realty. This development was puzzling, especially considering that Outten & Golden held a substantial retainer fee belonging to Mr. Somers and had recently commenced representation.

Judge Edward M. Chen’s statement to Brian T. Ashe, the attorney for Digital Realty and Chubb, remains a focal point of concern. Judge Chen’s remarks, captured in an open courtroom, were as follows:

“I mean the first opportunity is often a motion to dismiss under Rule 12, but we’re beyond that at this point so normally we reserve that and once I reset the schedule, um ah, hopefully at that point you’ll move for summary judgment…”

Judge Edward M. Chen, July 29, 2017.

While he attempted to correct his phrasing, his initial words had already resonated:

“um ah, hopefully at that point you’ll move for summary judgment…it sounds like you’re going to move for summary judgment and that will probably happen as a series of motions at that point.”

Judge Chen’s inadvertent disclosure prompted the requirement for his immediate withdrawal from the case. Despite this, he continued to oversee the lawsuit, giving rise to concerns about acting beyond the bounds of his jurisdiction. A judge overseeing a case without the legal authority to do so is often regarded as operating without jurisdiction. This implies that during the final 2 ½ years of the case, Judge Chen’s jurisdictional legitimacy was akin to that of an average individual.

In light of this development, it is evident that Judge Chen compromised Somers’ constitutional right to a fair and impartial judge due to his potential vested interest in an outcome favoring Digital Realty. The incident underscores the critical importance of transparency and unbiased judicial proceedings, emphasizing the necessity of comprehensive record-keeping during court hearings.