Paul R. Duckworth v. Department of Navy Department of Justice

Duckworth moved that I recuse myself from participation on the panel assigned to review the merits of his appeal. The motion is denied.

I

After receiving an adverse judgment in the district court, and filing the notice of appeal in this case, Duckworth filed a complaint of judicial misconduct against the district judge. The misconduct complaint, filed pursuant to the administrative procedures outlined in 28 U.S.C. § 372 and the Rules of the Judicial Council of the Ninth Circuit Governing Complaints of Judicial Misconduct or Disability (Misconduct Rules), charged the district judge with ignoring the facts and misapplying the law in Duckworth’s case.

The misconduct complaint came before me in my administrative capacity as Chief Judge of the Circuit and, thus, as presiding officer over the Judicial Council of the Ninth Circuit. The Judicial Conduct and Disability Act of 1980 requires the chief judge of the circuit to review complaints of judicial misconduct. See 28 U.S.C. § 372 (c)(3). A complaint of judicial misconduct must be dismissed if it is directly related to the merits of a judge’s decision or procedural ruling. See 28 U.S.C. § 372 (c)(3)(A)(ii); Misconduct Rule 4(c)(2).…