In Re Complaint of Judicial Misconduct

Good Law
United States Court of Appeals for the Ninth CircuitAugust 27, 200907-89141California821 words

Opinion

Opinion

FOR PUBLICATION

JUDICIAL COUNCIL

OF THE NINTH CIRCUIT

  IN RE COMPLAINT No. 07-89141

OF JUDICIAL MISCONDUCT

 ORDER

Filed August 27, 2009

ORDER

KOZINSKI, Chief Judge:

Complainant first presented his claims in a criminal pro- ceeding and two civil cases, wherein the subject district judge presided. Unhappy with the results, complainant filed a motion to disqualify. In fact, he filed five motions to disqual- ify and two motions to reconsider those motions to disqualify. Complainant was declared a vexatious litigant and made sub- ject to a pre-filing review order. He now brings a misconduct complaint and four supplements, all concerning the same judge.

The judicial misconduct system is emphatically not a forum for disappointed litigants to continue litigation already decided on the merits. See In re Charge of Judicial Miscon- duct, 685 F.2d 1226, 1227 (9th Cir. Jud. Council 1982). Yet complainant repeatedly attacks the subject judge’s rulings— just as he did in his previous motions to disqualify. Complain- ant insists that he refers to the merits only to show the judge’s persistent bias, but that is just another way of saying the judge…

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