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The Honolulu Advertiser
Posted on: Friday, October 30, 2009

Judge Ezra to handle settlement talks on furloughs, removes self from cases


By Jim Dooley
Advertiser Staff Writer

There are fast-moving developments today in the federal court challenges to the furloughs of state school personnel.

U.S. District Judge David Ezra, who was handling the two lawsuits challenging the school furloughs, has taken himself off the cases so he can handle settlement talks with the parties involved.
No settlement is imminent, but Ezra has already spoken today with lawyers representing the state and parents of children affected by the furloughs and more talks are scheduled Monday, one of the private lawyers involved, Carl Varady, confirmed this afternoon.
“Over the course of the past few days, the court has participated in meetings with the parties in an effort to facilitate discussions on the issues raised,” Ezra said in a recusal order filed this afternoon.
Ezra said in the order that he “believes recusal is a prudent action here because it would be improper for the court to both work on amicable out-of-court resolution and rule on the merits of the case.”
Attorney General Mark Bennett, who represents the Department of Education in the furlough litigation, declined comment this afternoon on the settlement discussions with Ezra.
A court hearing on the legal challenges scheduled to be held Tuesday before Ezra has been canceled and a new judge, 9th Circuit Court of Appeals Judge Wallace Tashima, has been named to take over the cases for the court.