(CN) – Judge D.W. Nelson of the 9th Circuit will not recuse herself from a proposed class action challenging California’s unclaimed property procedures, despite being a member of the potential class.
In a brief order published Monday, Nelson said that she “own[s] property that appears in the California State Controller’s database of unclaimed property.”
A putative class of plaintiffs has claimed that the controller violates the Fifth Amendment by taking private property for public use without compensation.
“I believe recusal in this case would be inappropriate, especially given that the class is not yet certified,” Nelson wrote. “I therefore will not recuse, but rather announce that I will forego any financial interest in this putative class and will not accept any payments due myself as a member of the putative class.”