In Re Complaint of Judicial Misconduct
Opinion
Opinion
Kozinski, J.
ORDER
Complainant, a pro se prisoner, filed six misconduct complaints and several supplements against fourteen circuit judges, five district judges, and three magistrate judges. Complainant filed several civil rights actions and a habeas petition in district court, and numerous appeals and mandamus petitions relating to those matters. The subject judges were assigned to those matters.
The Rules for Judicial-Conduct and Judicial-Disability Proceedings require that judges named in a misconduct complaint be disqualified from considering the complaint. See Judicial-Conduct Rule 25(b). But rigid adherence to the disqualification requirement is not required where complainant is abusing the complaint process, for example by filing insubstantial complaints naming numerous judges. See In re Complaint of Judicial Misconduct, 563 F.3d 853 (9th Cir.2009). When a complainant uses the misconduct procedure as a vehicle for harassing judges who rule against him, there is “no unfairness in permitting subject judges, in these circumstances, to participate” in the review of the complaint. See Commentary on Judicial-Conduct Rule 25.