In Re Complaint of Judicial Misconduct

Good Law
United States Court of Appeals for the Ninth CircuitSeptember 23, 200908-90149California575 words

Opinion

Opinion

FOR PUBLICATION

JUDICIAL COUNCIL

OF THE NINTH CIRCUIT

IN RE COMPLAINT  Nos. 08-90149,

OF JUDICIAL MISCONDUCT 09-90102,

 09-90103 and 09-90104

 ORDER

Filed September 23, 2009

ORDER

KOZINSKI, Chief Judge:

Two misconduct complaints have been filed against four district judges. Complainant filed three civil rights actions in district court and the matters were assigned to the subject judges.

The first misconduct complaint alleges that one of the judges improperly issued an order to show cause and improp- erly designated complainant a vexatious litigant. These claims relate directly to the merits of the judge’s rulings and must therefore be dismissed. See 28 U.S.C. § 352(b)(1)(A)(ii); Judicial-Conduct Rule 11(c)(1)(B); In re Charge of Judicial Misconduct, 685 F.2d 1226, 1227 (9th Cir. Jud. Council 1982).

The first complaint also asserts that one of the judges was biased against complainant because the judge harbors racist prejudices. But complainant hasn’t provided any objectively verifiable proof (for example, names of witnesses, recorded

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