Rader resigns as Federal Circuit chief judge

Randall Rader, chief judge at the US Court of Appeals for the Federal Circuit, has announced he will step down from his post at the end of May.

But he will continue to serve as a judge in the court, and will be succeeded by Sharon Prost on May 30.

Rader’s resignation was announced as it emerged in the Wall Street Journal (WSJ) that he had sent an email of praise to Edward Reines, a patent lawyer at Weil Gotshal & Manges LLP.

A few weeks ago, Rader recused himself from two cases, one involving Microsoft and the other involving Medtronic. According to the WSJ, Reines had appeared in both of these cases.

On May 23, Rader sent a letter to his 17 Federal Circuit colleagues, which said: “I feel it necessary to create a public record concerning the circumstances that led to those recusals. More importantly, I wish to apologise for creating the need for the recusals.”

He said that he “particularly regret[ted]” the email sent to a lawyer who had argued before the court [Reines]. According to the letter, the email reported, a conversation Rader had had with another member of the court who had praised the lawyer’s performance.

Rader then added his own praise and urged the lawyer to show the email to others.

“While I never expected that email to emerge as it did, I realise in retrospect that the email constituted a breach of the ethical obligation not to lend the prestige of the judicial office to advance the private interests of others,” he continued.

Rader was appointed to the court by President George H W Bush in 1990, and became chief judge in 2010. The Federal Circuit said in a statement that after stepping down as chief judge, he will undertake additional teaching, lecturing and travel.