Professor Katherine Macfarlane spoke with Law.com for an article on developments in federal judge shopping rules. This stems from dozens of attorneys backing lawsuits challenging Alabama’s law banning gender affirming care for transgender youth in 2022. U.S. District Judge Lilies Burke of the Northern District of Alabama set in motion a seemingly “unprecedented” probe into their suspected judge shopping practices.
One attorney, Carl Charles, faces criminal charges for allegedly lying during his testimony before a three-judge panel of a jurist from each federal district in Alabama.
Despite the growing controversy over the topic, experts say it’s not illegal. After all, the Federal Rules of Civil Procedure give plaintiffs one chance to voluntarily dismiss a complaint without prejudice, according to Macfarlane, who studies judge shopping matters and served as the lead author of an amicus brief in Charles’ civil sanctions appeal.