Charles Clark
Judge Clark no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Clark decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Requires an agency to support a generally stated policy with facts or a reasoned explanation when applying it in adjudication.
“This circular process of reasoning can supply no logical support back to its source.”
Evaluates reorganization fairness in light of the entire plan and the secured creditor's bargained-for rights.
“A plan that is not fair and equitable with respect to an impaired secured creditor cannot be confirmed on the basis that such inequity is necessary to protect junior creditors.”
Procedural preferences
Treats intervention timeliness as a prejudice-sensitive inquiry that accounts for earlier opportunities to participate.
“Timeliness is a function of the relative prejudice to the existing parties and the would-be intervenor.”
Applies burden shifting only after a Social Security claimant establishes inability to perform prior work.
“once the claimant meets the burden showing that she cannot perform her usual line of work, the burden shifts to the Secretary”
Cautions
Declines requests that would require a federal court to decide the correctness of religious doctrine.
“This is not a justiciable question before a federal court.”
Rejects a sentence structure that makes an indigent prisoner serve longer than the statutory maximum because of uncompensated presentence detention.
“Matthews would be denied equal protection if he were incarcerated for a total period which exceeded twenty years.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The judgment of the district court is AFFIRMED.”
“AFFIRMED in part and, in part, REVERSED.”
“REVERSED and REMANDED With Directions.”
“REVERSED AND REMANDED WITH DIRECTIONS.”
“reversed and the cause is remanded”
A historical record
Judge Clark no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.