In Re: Judicial Misconduct
Opinion
Opinion
FOR PUBLICATION
JUDICIAL COUNCIL
OF THE NINTH CIRCUIT
IN RE COMPLAINT No. 09-90100
OF JUDICIAL MISCONDUCT
ORDER
Filed March 30, 2010
ORDER
KOZINSKI, Chief Judge:
Complainant, a pro se litigant, alleges that a district judge made various improper substantive and procedural rulings in his cases. These charges relate directly to the merits of the judge’s rulings and must be dismissed. 28 U.S.C. § 352(b)(1)(A)(ii); Judicial-Conduct Rule 11(c)(1)(B). A mis- conduct complaint is not a proper vehicle to challenge a judge’s rulings on the merits. See In re Charge of Judicial Misconduct, 685 F.2d 1226, 1227 (9th Cir. Jud. Council 1982).
Complainant claims the judge went off the record during a hearing in one of his cases and, while off the record, sug- gested that the government file a motion for summary judg- ment based on sovereign immunity. Going off the record is not itself misconduct, although it is not advisable and could be misconduct if the judge does so in order to insulate an action from appellate review or for some other improper motive. In this case, the judge subsequently filed an order directing the government to move for…