In Re Complaint of Judicial Misconduct

Good Law
687 F.3d 1188·2012 WL 3024239·2012 U.S. App. LEXIS 15447
United States Court of Appeals for the Ninth CircuitJuly 25, 201211-90193California253 words

Opinion

Opinion

Kozinski, J.

ORDER

Complainant alleges that a district judge was biased against him. But “complainant hasn’t provided any objectively verifiable proof (for example, names of witnesses, recorded documents or transcripts) to support these allegations, and adverse rulings alone do not constitute proof of bias.” In re Complaint of Judicial Misconduct, 583 F.3d 598, 598 (9th Cir. Jud. Council 2009).

Complainant also alleges that the judge generally favors corporations and other institutional entities over individuals. Complainant tries to support this claim with what purports to be a statistical analysis of a large number of the judge’s opinions. While statistics can be used to prove a proposition, they can be misleading if not rigorously developed and properly interpreted by an objective evaluator.

Complainant concedes his statistics aren’t rigorous. He doesn’t say precisely how he selected his sample pool, which appears to be a mix of both civil and criminal cases and doesn’t include all of the judge’s opinions. And complainant generated and evaluated the case data himself, rather than using an objective, professionally trained statistician. He also did not consider how many of the judge’s…

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