District Court Judge Tydingco-Gatewood Recuses Herself From Gutierrez Case

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Guam – In the wake of the filing Friday by the Gutierrez-Aguon team of a lawsuit to overturn the 2010 Gubernatorial election, District Court Judge Francis-Tyduingco-Gatewood has already issued notice that she will be recusing herself from consideration of the case.

Judge Tydingco-gatewood cites a Section of U.S. Code that states that “any … judge of the United States shall recuse [herself] in any proceeding in which [her] impartiality might reasonably be questioned.”

Read Judge Tydingco-Gatewood’s Recusal Order    

She then points out that her brother, Dan Tydingco, is a Co-Chair of Governor-Elect Calvo’s transition team and Calvo is one of the defendants in Gutierrez’s suit.

“As this case is a legal challenge to Defendant Calvo’s election, the undersigned finds that her brother’s professional connection with Defendant Calvo makes this case a ‘proceeding in which [her] impartiality might reasonably be questioned.”

Judge Tydingco-Gatwood has refered the case to Alex Kozinski, Chief Judge of the U.S. Court of Appeals for the 9th Circuit, who will designate another federal judge to preside.”