In Re Complaint of Misconduct

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 15, 2009
• Docket: 08-90087
• Status: Published

Opinion

FOR PUBLICATION JUDICIAL COUNCIL OF THE NINTH CIRCUIT

IN RE COMPLAINT OF JUDICIAL  Nos. 08-90087, MISCONDUCT 08-90088, 08-90089, 08-90090, 08-90091, 08-90092, 08-90093, 08-90094, 08-90095,  08-90096, 08-90097, 08-90098, 08-90099, 08-90100, 08-90101 and 08-90102

 ORDER

Filed April 15, 2009

ORDER

KOZINSKI, Chief Judge:

A misconduct complaint has been filed against eleven cir- cuit judges and five district judges.

Complainant, a pro se prisoner, previously filed a miscon- duct complaint alleging that several circuit judges conspired

4345 4346 IN RE COMPLAINT OF JUDICIAL MISCONDUCT to cover up a state court judge’s criminal scheme. I dismissed the complaint for lack of evidence that misconduct occurred, and the Judicial Council affirmed the dismissal. See In re Complaint of Judicial Misconduct, No. 07-89116 (9th Cir. Jud. Council 2008). The current complaint merely repeats the charges raised in the prior complaint and accuses numerous additional judges of involvement in the alleged conspiracy, including all of the judges who participated in the dismissal of complainant’s prior misconduct complaint and petition for review. Complainant again fails to provide any evidence to support his allegations. My prior order therefore makes fur- ther action on this complaint unnecessary. See 28 U.S.C. § 352(b)(2).

Complainant’s current complaint is patently frivolous and is an abuse of the misconduct complaint procedure. Com- plainant is therefore ordered to show cause why he should not be sanctioned by an order requiring him to obtain leave before filing any further misconduct complaints. See Judicial- Conduct Rule 10(a); In re Complaint of Judicial Misconduct, 552 F.3d 1146, 1148 (9th Cir. Jud. Council 2009). Complain- ant has thirty days from the filing of this order to file a response, which will be transmitted to the Judicial Council for its consideration.

The Rules for Judicial-Conduct and Judicial-Disability Pro- ceedings require that judges named in a misconduct complaint be disqualified from considering the complaint. See Judicial- Conduct Rule 25(b). But the Rules also recognize that rigid adherence to the disqualification requirement in multiple- judge complaints might lead to the disqualification of all of the judges who would ordinarily be involved in the miscon- duct complaint procedure. The Rules therefore contemplate that subject judges may participate in the disposition of an “insubstantial complaint” naming numerous judges. See Com- mentary on Judicial-Conduct Rule 25. The current complaint —in which the allegations are conclusory, wholly unsup- ported and essentially duplicative of complainant’s prior IN RE COMPLAINT OF JUDICIAL MISCONDUCT 4347 complaint—is just such an insubstantial complaint. There is “no unfairness in permitting subject judges, in these circum- stances, to participate” in the review of the complaint. See id.

DISMISSED and COMPLAINANT ORDERED TO SHOW CAUSE. PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON REUTERS/WEST—SAN FRANCISCO

The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2009 Thomson Reuters/West.