In Re Complaint of Judicial Misconduct

FOR PUBLICATION

JUDICIAL COUNCIL

OF THE NINTH CIRCUIT

  IN RE COMPLAINT No. 11-90135

OF JUDICIAL MISCONDUCT

 ORDER

Filed August 24, 2012

ORDER

KOZINSKI, Chief Judge:

Complainant alleges that a district judge mishandled the termination of two former employees and interfered with one of the employee’s efforts to get a new job. Complainant is not one of the employees and claims no direct knowledge of these allegations.

“Personnel decisions are administrative functions, not judi- cial functions.” In re Complaint of Judicial Misconduct, 366 F.3d 963, 965 (9th Cir. 2004). Though such decisions “may be essential to the very functioning of the courts, [they] have not . . . been regarded as judicial acts.” Forrester v. White, 484 U.S. 219, 228 (1988). It is possible, nonetheless, for a judge to commit judicial misconduct when performing admin- istrative functions, such as by engaging in embezzlement or sexual harassment. But any such charges of misconduct must allege more than disagreement with the judge’s administrative decision. The complaint must document conduct by the judge that is wrongful, independent of whether the judge’s decision is…