In Re Charge of Judicial Misconduct

62 F.3d 320 In re CHARGE OF JUDICIAL MISCONDUCT. No. 94-80370. Judicial Council for the Ninth Circuit. July 13, 1995. Before: J. CLIFFORD WALLACE, Chief Judge. ORDER 1 A complaint of misconduct has been filed against a bankruptcy judge of this circuit. Administrative consideration of such complaints is governed by the Rules of the Judicial Council of the Ninth Circuit Governing Complaints of Judicial Misconduct or Disability (Misconduct Rules), issued pursuant to the Judicial Councils Reform and Judicial Conduct and Disability Act of 1980 (the Act). 28 U.S.C. Sec. 372 (c). 2 Complainant, who represented the debtor in a bankruptcy case, charges that the bankruptcy judge committed misconduct by violating Canon 3(A)(3) of the Code of Conduct for United States Judges, which states that a judge should be courteous and patient to litigants, by interrupting complainant's oral argument. Complainant states that he was "repeatedly 'cut off' and interrupted by the Judge in a discourteous, abrupt, impatient, harsh and unfair manner at least 19 times in two separate hearings," thus making it "impossible to present a decent rebuttal." 3 Complainant also charges that the bankruptcy judge…