In Re Complaint of Judicial Misconduct Judicial Misconduct
Opinion
Opinion
FOR PUBLICATION
JUDICIAL COUNCIL
OF THE NINTH CIRCUIT
Nos. 16-90034
IN RE COMPLAINT OF JUDICIAL 16-90058
MISCONDUCT
ORDER
Filed July 14, 2016
ORDER
THOMAS, Chief Judge:
Complainant, an attorney in disbarment proceedings, filed a civil suit against the state’s bar association. She alleges that two district judges who made rulings in that case should have recused themselves. This allegation is merits-related and must be dismissed. See 28 U.S.C. § 352(b)(1)(A)(ii); Judicial-Conduct Rule 11(c)(1)(B); In re Complaint of Judicial Misconduct, 579 F.3d 1062, 1064 (9th Cir. Jud. Council 2009); Implementation of the Judicial Conduct and Disability Act of 1980: A Report to the Chief Justice 146 (2006). An allegation that a judge presided in a case knowing he is subject to a material conflict of interest or intending to favor one party on grounds unrelated to the merits may present a viable claim of judicial misconduct. See id. But to state such a claim, a complainant would have to provide convincing proof that the judge was aware of a material conflict or was acting with a corrupt motive. IN RE COMPLAINT OF JUDICIAL MISCONDUCT