In re Complaint of Judicial Misconduct
2010 U.S. App. LEXIS 26528
Judicial Council of The Ninth ...2010Background
- Complainant, a pro se litigant, filed a misconduct complaint against a magistrate judge.
- The complaint consisted of hundreds of pages of attached materials rather than a concise statement of facts.
- Judicial conduct rules require a short, plain statement of facts specifically tying exhibits to misconduct.
- The Judicial Council reviews complaints with limited staff and may dismiss nonconforming filings.
- The court dismissed the complaint for lack of any statement of facts, concluding exhibits were irrelevant without a proper pleading.
- The dismissal relied on 28 U.S.C. § 352(b)(1)(A) and prior circuit guidance on the pleading requirements for misconduct complaints.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Compliance with pleading rules for misconduct complaints | N/A | Complaint must be short and plain; exhibits must support the facts | Dismissed for lack of a statement of facts |
Key Cases Cited
- In re Complaint of Judicial Misconduct, 527 F.3d 792 (9th Cir. Jud. Council 2008) (misconduct complaints must comply with Rule 6(b) pleading requirements; exhibits limited to relevant facts)
- In re Complaint of Judicial Misconduct, 591 F.3d 638 (U.S. Jud. Conference 2009) (summary dismissal for nonconformity with pleading requirements)
- In re Opinion of Judicial Conference Comm, to Review Circuit Council Conduct & Disability Orders, 449 F.3d 106 (U.S. Jud. Conference 2006) (dissent summarizing grounds for dismissal when not conforming with rules)
- 2 Cl.Ct. 255, 2 Cl.Ct. 255 (1983) (example of inappropriate volume of material in misconduct filings)