Oregon’s chief federal judge recuses himself from move to stop Marcus Mumford’s practice in OR federal courts

A federal judge from Washington now will decide whether to revoke Utah-based lawyer Marcus Mumford’s ability to practice law in federal court in Oregon. Mumford, above, represented Ammon Bundy during trial last fall in U.S. District Court in Portland. Bundy was acquitted of all charges and remains in custody in Nevada, awaiting trial there stemming from a 2014 standoff with federal agents in Bunkerville. (The Oregonian/OregonLive)

BY MAXINE BERNSTEIN The Oregonian/OregonLive May 18, 2017 at 12:43 PM

Oregon’s chief federal district judge, who initiated a move to prevent Ammon Bundy’s lawyer Marcus Mumford from any further practice of law in any federal court in Oregon, has now recused himself from the proceeding, to avoid an appearance of a conflict.

In his place, he assigned U.S. District Judge John C. Coughenour, the federal judge from Washington who had previously presided over the criminal charges filed against Mumford, to handle further proceedings.

U.S. District Judge Michael W. Mosman said he was recusing himself “in an abundance of caution,” and to avoid anyone raising challenges about his impartiality, according to an order filed in court.

Mumford represented Bundy, one of seven defendants on trial in Portland last September for taking over the Malheur National Wildlife Refuge in January 2016. A jury acquitted all of them of conspiracy, weapons and other charges before U.S. District Judge Anna J. Brown.

In mid-April, Mosman took the rare move of seeking to revoke the Utah-based lawyer’s ability to practice in any federal court in the District of Oregon, citing repeated instances of Mumford yelling at Brown, inappropriate commentary on a witness in the presence of a jury and his arguing for Bundy’s release from jail after the acquittal “without a good-faith basis to believe that the pre-existing custody order” from Nevada wasn’t still in effect.

At the end of the trial, U.S. marshals tackled Mumford and stunned him with a Taser gun when he repeatedly questioned why Bundy should remain in jail. Mumford was taken into custody and released, charged with failing to follow a federal officer’s orders and court signs not to prohibit a federal officer’s official work.

A day after his arrest, Mumford sent an email to three Oregon federal judges – Brown, U.S. District Judge Robert E. Jones and Mosman — saying he intended to defend himself against the criminal allegations. He also urged the court to investigate the marshals for contempt of court

On March 15, Coughenour, the judge from Washington who was assigned to handle the criminal case against Mumford, dismissed the charges against Mumford at the request of a special prosecutor. About one month later came Mosman’s move to revoke Mumford’s practice in an Oregon federal courthouse. Mosman filed 25 exhibits with his order, mostly transcripts from Bundy’s trial in support.

Mumford said Thursday he has a lot of respect for Mosman, but was disappointed that Mosman did not intervene when he had reached out to him to help resolve the criminal charges that were brought against him.

Mumford has questioned “how Judge Mosman could be selective: recusing in response to my requests for his help but not when he was contemplating action against me, actions that may be based on his own initiative or the request of others, including Judge Brown.”

Mumford said he intends to vigorously defend himself and challenge the effort to keep him from returning to federal court in Oregon, calling the move an unwarranted, “serious and stigmatizing” sanction.

Mumford was recently granted additional time to obtain a full transcript of the Bundy trial last fall and received clarification from Mosman on exactly what allegations he needed to respond to in writing to show cause why he should be allowed to retain his ability to practice in federal court in Oregon.

Bundy is now in custody in Nevada, awaiting trial there on federal charges stemming from the 2014 armed standoff with federal land officers near his father Cliven Bundy’s ranch in Bunkerville.