Judge in Leah Remini's Scientology lawsuit recuses herself

Leah Remini's lawsuit will be assigned a new judge after Judge Barbara Scheper recused herself yesterday, citing a rule that suggests her spouse is in some way involved in the case.

Leah filed her lawsuit against Scientology and its leader David Miscavige on August 2, and it was assigned to Los Angeles Superior Court Judge William F. Fahey.

Leah’s legal team apparently had some concerns about Fahey, so they used a peremptory challenge that allowed them to replace him without giving a reason.

The suit then went to Judge Scheper, and the reporters we consulted seemed to think she was an improvement, given her background on the LA Police Commission.

But now she's taken herself off the case, citing this language in the civil code…

A lawyer or a spouse of a lawyer in the proceeding is the spouse, former spouse, child, sibling, or parent of the judge or the judge’s spouse or if such a person is associated in the private practice of law with a lawyer in the proceeding.

Judge Scheper is married to attorney David Scheper of Winston & Strawn, but we don't know what his connection to the case might be.

The lawsuit will now be assigned to a third judge. No hearings are set in the case yet.

ADDITIONAL: We're told that David Scheper is close personal friends with longtime Scientology attorney Bert Deixler, which may explain Judge Scheper’s decision to recuse herself.

UPDATE: Thank you to the reader who points out that David Scheper represented Scientology in an appeals matter in the Bixler lawsuit. That certainly would prevent Judge Scheper from hearing Leah's case.

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