The Department of Justice’s massive antitrust case against Apple will unfold before a new judge. A court filing on Wednesday reveals that Judge Michael E. Farbiarz has determined his “recusal is necessary” under the code of conduct for US Judges.
Apple’s antitrust case is getting a new judge
Judge Michael E. Farbiarz has recused himself from the case.
Judge Michael E. Farbiarz has recused himself from the case.
Illustration by Cath Virginia / The Verge | Photo by Getty Images
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The filing says Farbiarz’s “disqualification is mandatory and cannot be remitted by the parties.” Judge Julien Xavier Neals, whom President Joe Biden nominated to the US District in 2021, will preside over the case instead.
It’s not clear why Judge Farbiarz was disqualified from the case, but there are a couple of possibilities. The specific rule mentioned by the filing — Canon 3(C)(1)(d) — says a judge must disqualify themselves from a proceeding when the “judge’s impartiality might reasonably be questioned.” That could mean Farbiarz, or someone he’s related to, is too closely tied to the case.
But don’t worry — the trial will still take place from a US District Court in New Jersey.
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