## Facts

- Ecuadorian and Peruvian plaintiffs sued Texaco, Inc. in federal court alleging environmental pollution and resulting injuries from oil operations abroad.
- After an earlier dismissal was vacated and remanded, the district judge attended an expense-paid environmental seminar funded by private organizations.
- Texaco did not sponsor the seminar, but had made general funding contributions to an organization associated with the seminar’s sponsors; a former Texaco CEO spoke at the seminar.
- Plaintiffs moved to disqualify the district judge under 28 U.S.C. § 455(a), asserting an appearance of partiality based on the seminar and the asserted funding connection.
- The district judge denied recusal, finding no seminar discussion of issues material to the litigation and no effect on his handling of the case.
- Plaintiffs petitioned the Second Circuit for a writ of mandamus directing the judge’s recusal.

## Issues

1. Whether mandamus should issue to compel recusal under 28 U.S.C. § 455(a) based on a judge’s attendance at an expense-paid seminar indirectly connected to a party through minor, general funding.

## Decision

- The Second Circuit denied the petition for a writ of mandamus.
- The court held the district judge did not clearly abuse his discretion in refusing to recuse.
- The court concluded that an objectively reasonable observer, knowing all relevant facts, would not reasonably question the judge’s impartiality on this record.

## Legal Principles

- 28 U.S.C. § 455(a) requires disqualification when a judge’s impartiality might reasonably be questioned under an objective “reasonable observer” standard.
- Mandamus is an extraordinary remedy and is appropriate only for a clear and indisputable right to relief, such as a clear abuse of discretion in resolving a recusal request.
- An attenuated financial connection—indirect, minor general support to an organization linked to a seminar, without direct sponsorship of the seminar or judge’s expenses—generally does not establish a reasonable appearance of partiality.
- Absent evidence that seminar content addressed issues material to the litigation, claims of partiality based on judicial education programs are insufficient to compel recusal.

## Conclusion

Because Texaco’s connection to the seminar was indirect and minor and there was no showing that the seminar addressed matters material to the case, the Second Circuit refused to use mandamus to force recusal and allowed the district judge to continue presiding.


In re Aguinda, 241 F.3d 194 (2d Cir. 2001)