In Re Complaint of Judicial Misconduct
Opinion
Opinion
FOR PUBLICATION
JUDICIAL COUNCIL
OF THE NINTH CIRCUIT
IN RE COMPLAINT No. 08-90172
OF JUDICIAL MISCONDUCT
ORDER
Filed June 24, 2009
ORDER
KOZINSKI, Chief Judge:
A misconduct complaint has been filed against a district judge. Complainant, a pro se state prisoner, filed a civil rights action in district court. The matter was assigned to the subject judge.
Complainant alleges that the judge discriminated against him but does not explain how or on what basis. Discrimina- tion is not always improper or unethical; in some circum- stances, it is entirely appropriate. For instance, incarceration of individuals convicted of crimes, like complainant, is a wholly permissible form of discrimination. See McQueary v. Blodgett, 924 F.2d 829, 834-35 (9th Cir. 1991). Only unlaw- ful or invidious discrimination might amount to judicial mis- conduct, and complainant has not alleged discrimination of that kind. This charge must therefore be dismissed for failure to allege conduct prejudicial to the effective and expeditious administration of the business of the courts. See Judicial- Conduct Rule 11(c)(1)(A).