In Re Complaint

In Re Complaint of Judicial Misconduct

Good Law
758 F.3d 1161·2014 WL 3397783·59 Bankr. Ct. Dec. (CRR) 204·2014 U.S. App. LEXIS 13602
United States Court of Appeals for the Ninth CircuitJuly 14, 201414-90084California442 words

Opinion

Opinion

Kozinski, J.

ORDER

An attorney alleges that a bankruptcy judge is showing some early signs of dementia, such as slow reaction time, moodiness and memory problems.

Pursuant to the Judicial Conduct and Disability Act, any person who believes that a federal judge “is unable to discharge all the duties of office by reason of mental or physical disability,” 28 U.S.C. § 351 (a), may file a complaint stating the reasons for his belief. Such complaints are rare, perhaps in part because lawyers (who are in the best position to observe judicial behavior) are reluctant to point an accusatory finger at judges before whom they appear. Nevertheless, such complaints are welcome and encouraged, and we make every effort to keep the identity of the complainant confidential, if he wishes not to be identified.

Such complaints are also taken seriously, particularly where (as in this case) the complainant specifies the particular behaviors that he believes are the result of mental disability. This complainant was given an additional measure of deference because he reports familiarity with the symptoms of dementia, having tended to a family member who showed similar symptoms.

Based on the complaint, therefore, I…

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