L.A. Seeks to Remove Federal Judge Overseeing Homelessness Settlement

City attorneys argue judge has overstepped his authority and made a series of errors in the case.

Published on Feb. 9, 2026

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The City of Los Angeles has asked an appeals court to remove the federal judge overseeing a settlement that requires the city to produce thousands of shelter beds and housing units and clear nearly 10,000 homelessness encampments. The city's attorneys argue that U.S. District Judge David O. Carter has made a litany of errors in overseeing the case and used the bench as a 'bully pulpit' to demand policy changes.

Why it matters

This case highlights the ongoing tensions between the city government and the federal court over how to address the homelessness crisis in Los Angeles. The city's attempt to remove the judge overseeing the settlement raises questions about the city's commitment to complying with the agreement and transparency around its homelessness policies.

The details

The city filed a brief with the 9th Circuit Court of Appeals asking it to remove Judge Carter from the case, arguing he has made a series of errors and used 'irregular proceedings and rulings' to dictate the city's homelessness policy. The city also filed a request to stay a hearing scheduled for Tuesday, where the judge planned to explore whether the city misled the court about its plan to clear encampments. The plaintiffs, the LA Alliance for Human Rights, argue the city is prolonging the proceedings by not living up to the settlement agreement and pursuing frivolous appeals.

  • On February 9, 2026, the city filed a brief with the 9th Circuit Court of Appeals requesting Judge Carter be removed from the case.
  • On February 10, 2026, the city filed a second brief asking the appeals court to stay the hearing scheduled for February 11, 2026.

The players

Judge David O. Carter

The U.S. District Judge overseeing the homelessness settlement between the City of Los Angeles and the LA Alliance for Human Rights.

LA Alliance for Human Rights

An organization of primarily business and property owners that filed the 2020 lawsuit alleging the city had failed to address street homelessness.

Karen Bass

The Mayor of Los Angeles.

Marqueece Harris-Dawson

The President of the Los Angeles City Council.

Gita O'Neill

The interim chief executive of the Los Angeles Homeless Services Authority.

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What they’re saying

“Only the stronger medicine of reassignment will put a stop to the parade of irregular proceedings and rulings....”

— Theane Evangelis, Lead attorney for the Gibson, Dunn & Crutcher law firm representing the city

“In my humble opinion, the city needs to calm down. They seem to think they are entitled to stop a federal court from trying to figure out whether the city lied to the court.”

— Matthew Umhofer, Attorney for the LA Alliance for Human Rights

What’s next

The 9th Circuit Court of Appeals will decide whether to remove Judge Carter from the case and whether to stay the hearing scheduled for February 11, 2026.

The takeaway

This case highlights the ongoing tensions between the City of Los Angeles and the federal court overseeing the city's efforts to address the homelessness crisis. The city's attempt to remove the judge raises concerns about its commitment to transparency and compliance with the settlement agreement.