The ongoing case of Partington v. Houck in the United States District Court for the District of Columbia, which concerns among other issues a Judge Advocate General’s authority to suspend a civilian counsel from practice in the Judge Advocate General’s service’s military courts, has been reassigned to a different federal judge.  Here are today’s docket entries:

ORDER by Chief Justice of the United States Supreme Court directing the designation and assignment of a United States District Judge for service in another circuit; assigning Judge Frederick J. Scullin, Jr. of the U.S. District Court for the Northern District of New York to the following cases:10-1857,04-2205,06-1268,07-2173, and 10-1962. (Entered: 09/15/2011)

Case Reassigned to Judge Frederick J. Scullin, Jr. Judge Henry H. Kennedy no longer assigned to the case. (jeb, ) (Entered: 09/15/2011)

Senior Judge Scullin, a George H.W. Bush appointee, has extensive military experience.  The United States District Court for the Northern District of New York’s website indicates:

In November of 1964, Judge Scullin entered active duty with the United States Army, received training as a paratrooper and ranger, and thereafter served as an infantry commander with the 173rd Airborne Brigade in the Republic of Vietnam. He received numerous awards and decorations, and after release from active duty, continued to serve in the United States Army Reserve retiring in 1991 with the rank of Colonel.

One Response to “Partington v. Houck reassigned to different judge”

  1. Dew_Process says:

    The switch probably does not bode well for Mr. Parrington. I spoke with 2 colleagues who regularly practice before Judge Scullin. While neither characterized him as “pro-government,” both said that if there was any discretion involved in the matter, he would defer to the government. So, if the issue is the underlying authority of the Navy TJAG to bar an otherwise qualified counsel from appearing before a court-martial, then it will be a statutory construction issue. If the issue was framed alleging that the Navy TJAG abused his discretion, the US Attorney’s office isn’t going to have to expend a lot of time on it. I don’t know if he’s still on it, but Judge Scullin had been a member of the FISA court.