In Re Charge of Judicial Misconduct

ORDER

A complaint has been submitted pursuant to the Procedures for Processing Complaints of Judicial Misconduct adopted by the Judicial Council of this circuit on November 10, 1978, alleging misconduct by a judge of a district court of this circuit.

The complaint is that the judge has not rendered judgment in a pending matter quickly enough. No suggestion is made that decision has been withheld because of incapacity, bad faith, or neglect of office.

The complaint invokes the Procedures for Processing Complaints of Judicial Misconduct in order to speed the disposition of a single piece of litigation. This is an abuse of the Procedures. They are not intended to provide a tactical option to counsel in litigation, but to promote “the effective and expeditious administration of the business of the courts within this circuit” (Procedures H 6; 28 U.S.C. § 332 (d)) by providing a means for dealing with systematic inability or unwillingness to perform the duties of the judicial office.

.[3,4] If a judge fails or refuses to enter judgment in a particular case when the circumstances require that judgment be entered, a petition for mandamus under the All Writs Statute, 28 U.S.C. § 1651…