96 Cal. Daily Op. Serv. 5485, 96 Daily Journal D.A.R. 8970 in Re Charge of Judicial Misconduct

91 F.3d 90 96 Cal. Daily Op. Serv. 5485 , 96 Daily Journal D.A.R. 8970 In re CHARGE OF JUDICIAL MISCONDUCT. No. 96-80025. 1 Judicial Council of the Ninth Circuit. 2 July 24, 1996. 3 Before: HUG, Chief Judge, SCHROEDER, NOONAN, FERNANDEZ, and T.G. NELSON, 1 Circuit Judges, and BYRNE, KEEP, GEORGE, 2 and McKIBBEN, District Judges. ORDER 4 On January 19, 1996, a complaint of misconduct was recognized against a district 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. 28 U.S.C. § 372 (c). 5 A special investigative committee was appointed under 28 U.S.C. § 372 (c)(4) and Misconduct Rule 9, and the matter was ultimately referred to the judicial council. The judicial council scheduled a special session to consider the matter and determine what action, if any, should be taken under 28 U.S.C. § 372 (c)(6) and Misconduct Rule 14. 6 Before that meeting could take place, however, the district judge retired from…