In Re Complaint of Judicial Misconduct

FOR PUBLICATION

JUDICIAL COUNCIL

OF THE NINTH CIRCUIT

No. 12-90155

IN RE COMPLAINT OF JUDICIAL

MISCONDUCT ORDER

Filed May 27, 2014

ORDER

KOZINSKI, Chief Judge:

Complainant alleges that a district judge improperly delegated the judicial power to a deputy clerk in his civil case. Complainant points to an order to show cause, which lists a variety of jurisdictional defects, some of which are marked with a check mark, and others which are not. The form also contains a narrative explanation of the defect and has “Deputy Clerk” typed in the signature line. Complainant infers that the order must have been issued by the deputy clerk without specific directions from the judge.

“[J]udges can have assistants who are not themselves judges” and those assistants may “advise and assist the real judge.” Geras v. Lafayette Display Fixtures, Inc., 742 F.2d 1037, 1046–47 (7th Cir. 1984) (Posner, J., dissenting). Judges are free to give such assistants specific or general instructions and trust the assistants to perform the functions they’ve been assigned. For example, it is not an IN RE COMPLAINT OF JUDICIAL MISCONDUCT

impermissible…