Opinion
Civil Action No. H-01-3624, H-01-3645, H-01-3913, and Consolidated Cases
April 8, 2002
NOTICE
You are hereby notified that the three adult children of the undersigned Judge are the beneficiaries, along with ten other individuals, of a trust set up by Frank G. Harmon, their great grandfather. The assets of this trust are with the investment firm of Fayez Sarofim Co., Houston, Texas, which has exclusive control over the decisions to buy and sell stock. The Harmon children have no control over the trust and will not receive any funds from the trust until 2008.
Title 28, United States Code, § 455(b)(4) requires a judge to recuse herself if "[S]he knows that . . . [a] a minor child residing in [her] household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding."
None of the Harmon children is a minor, and the undersigned is not obligated to recuse herself. Nevertheless, the undersigned believes it important for the parties to know that under the Frank G. Harmon Trust, as of March 2002, the three Harmon children held 3/13 of the beneficial interest in the following shares of stock of defendants who have been added by the consolidated complaint filed today:
1,500 shares of JP Morgan Chase and Company
2,582 shares of Citigroup, Inc.
1,000 shares of Merrill Lynch Co., Inc.
250 shares of Barclays PLC