Frank Albert Picard
Judge Picard no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Picard decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Picard required federal-officer removal petitions to connect the charged conduct to official duties through direct factual allegations, not a broad status assertion.
“this fact must affirmatively appear, not alone by a broad statement in the petition to that effect, but by direct averments which must exclude possibility that any of their alleged acts was not justified by their federal duty.”
He would modify a continuing antitrust decree only upon proof that its justification had disappeared or that changed conditions made it oppressive.
“In absence of proof that reasons no longer exist, or that as a result of changes decree is oppressive, there should be no modification.”
Procedural preferences
Picard separated sympathetic equities from governing bankruptcy law when an unperfected security interest failed against the trustee.
“The equities preponderate in favor of petitioner. The law, however, does not.”
He treated an extreme delay in asserting veteran-reemployment rights as laches or waiver capable of resolution as a matter of law.
“where a veteran fails to bring seasonable action he was guilty of laches or waiver — sometimes both, as a matter of law.”
Cautions
Picard treated a party’s clear admission in civil deportation proceedings as substantial evidence and rejected an attempt to demand separate proof of the admitted fact.
“The admission itself is ‘substantial evidence.’”
In trust taxation, he focused on the beneficiary’s distributable share rather than the amount actually withdrawn.
“A beneficiary is not taxed on what he receives, but his share of the ‘distributable net income.’”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Petition granted and order in conformity with this decision will be issued.”
“This court rules the policy of automobile insurance between plaintiff and defendants null and void from its inception.”
“The decision of the trial examiner denying Social Security benefits to Mamie Miller is affirmed.”
“For the above reasons we find that defendants’ petitions are premature and we remand this case to the county court from which it came.”
“For the reasons above stated petitioner’s motions are all denied.”
“We, therefore, hold that defendant’s motion for summary judgment be granted, subject, however, to a promise by motion, to be filed within fifteen days, on behalf of plaintiff that he will offer evidence of further pertinent facts, enumerating them, and in addition to those broadly stated or hinted at in the present pleadings, which he would desire this court to consider in support of his contention that he has not been guilty of laches or waiver and that there has been no prejudice of defendant’s interest.”
“This court refuses to disturb the conclusions reached by the Referee in Bankruptcy and his order is affirmed”
“we must grant the motion to dismiss on the failure to claim diversity of ‘citizenship’ not only as to the union but also the other defendants.”
“For these reasons there is nothing left for this court to do but to dismiss plaintiff’s bill of complaint and dismiss the injunction.”
Caseload & timing
From public federal docket records for this judge.
No case-level docket record assigned under Picard’s name was returned for his tenure. The profile therefore makes no claim about his complete caseload mix, case duration, administrative dispositions, or motion timing.
A historical record
Judge Picard 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.