March 21 (Reuters) - A federal judge in Florida has

acknowledged that she created the appearance of bias when she

stated that women needed to be adequately represented among the

lawyers who would be assigned to serve as the leadership team in

mass tort litigation over the hormonal contraceptive drug

Depo-Provera.

Chief U.S. Circuit Judge William Pryor of the Atlanta-based

11th U.S. Circuit Court of Appeals cited that acknowledgment by

U.S. District Judge M. Casey Rodgers in Pensacola in an order

dated Thursday dismissing an ethics complaint by a conservative

activist.

"Although I have never engaged in impermissible

discrimination when selecting attorneys for MDL leadership

positions or in any other facet of my work, I acknowledge that

my statements could be construed as creating a preference for

female attorney representation in leadership positions during

the selection process," Rodgers said in a letter.

Mike Davis, an ally of Republican President Donald Trump who

heads the Article III Project, had filed the ethics complaint

with the 11th Circuit Judicial Council last month over

statements Rodgers made during the first case management

conference in the multidistrict litigation.

At least 78 lawsuits so far have been consolidated before

Rodgers alleging that Pfizer's ( PFE ) Depo-Provera, or its generic

equivalents, can cause users to develop one or more meningiomas,

a type of brain tumor. The company denies the claims.

During a February 21 hearing to discuss the appointment of

lead counsel, Rodgers expressed her views on the need for

diversity and told lawyers for the plaintiffs that "females need

to be adequately represented in your leadership."

A subsequent order stated that the judge "prefers a balanced

leadership team that reflects diversity of all types and, in

particular, leadership should reflect the diversity of the

individual plaintiffs."

Davis argued those statements by the judge, an appointee of

Republican President George W. Bush, constituted impermissible

bias as they suggested sex would be a relevant factor in

selecting lead counsel for the MDL, rather than merit.

Pryor, a conservative and fellow appointee of Bush, said the

judicial code of conduct and the U.S. Constitution bar judges

from engaging in sex-based discrimination, including by giving

preferences to lawyers for leadership positions based on sex.

He pointed to a statement conservative U.S. Supreme Court

Justice Samuel Alito wrote in 2013 when the justices declined to

hear a case involving Sirius XM Radio.

Alito at the time took issue with the "unique" practice

now-deceased U.S. District Judge Harold Baer in Manhattan had of

urging lead law firms in class actions to staff the lawsuits

with women and minority lawyers.

Pryor said that what had been a "unique" practice "has since

been touted as a 'best practice' in multidistrict litigation,"

as "commentators openly encourage judges who preside over these

actions to consider impermissible characteristics."

But he said the complaint against Rodgers should be

dismissed after she acknowledged the concerns created by her

statements and took steps to address them.

Following Davis' complaint, Rodgers issued a new order

making clear any attorney could apply to lead the MDL, without

any reference to their sex. She told applicants she would

consider them solely on "individual merit."

Davis in a statement on Friday called the decision "a

victory for judicial integrity."

(Reporting by Nate Raymond in Boston)