NCLA asks the Supreme Court to hear this case and ultimately rule that federal appellate courts should not use a deferential “abuse-of-discretion” standard when they review a bankruptcy judge’s decision to deny a litigant’s challenge to the judge’s own impartiality.

The case arises from Texas bankruptcy judge Stacey Jernigan’s decision to deny James Dondero’s motion that she recuse herself from a pending bankruptcy proceeding. Dondero had challenged Judge Jernigan’s impartiality based on three novels the judge authored that feature a fictional heroine and fictional villain who bear striking similarities to Judge Jernigan and Mr. Dondero, respectively. After Judge Jernigan denied the motion, Mr. Dondero appealed first to a Texas federal district court and then to the U.S. Court of Appeals for the Fifth Circuit. Both courts affirmed Judge Jernigan’s decision using a highly deferential review standard that asked only whether Judge Jernigan abused her discretion in declining to recuse herself.