In Re Complaint of Judicial Misconduct Judicial Misconduct

Good Law
United States Court of Appeals for the Ninth CircuitJuly 14, 201616-90034California543 words

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

The evidence that…

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