In Re Complaint of Judicial Misconduct

Corrected reprint 06/26/

FOR PUBLICATION

JUDICIAL COUNCIL

OF THE NINTH CIRCUIT

  IN RE COMPLAINT No. 08-90113

OF JUDICIAL MISCONDUCT

 ORDER

Filed June 24, 2009

ORDER

KOZINSKI, Chief Judge:

A misconduct complaint has been filed against a district judge. Complainant filed a pro se federal habeas petition, and the matter was assigned to the subject judge. The judge also presided over a state civil suit by complainant prior to joining the federal bench.

The bulk of complainant’s allegations involve the judge’s rulings as a state court judge in the earlier proceeding. Because the plain language of the Judicial Conduct and Dis- ability Act limits its scope to conduct by federal judicial offi- cers, 28 U.S.C. §§ 351(a) and (d)(1), these allegations must be dismissed. See also Judicial-Conduct Rules 4 and 11(c)(1)(G); In re Complaint of Judicial Misconduct, No. 06-89087 (9th Cir. Jud. Council 2007). Congress limited the scope of mis- conduct proceedings in order to preserve the constitutional scheme of presidential appointment and legislative confirma- tion:

The judicial branch has no constitutional role in con- sidering the fitness of…