In re Complaint of Judicial Misconduct
631 F.3d 961
Judicial Council of The Ninth ...2011Background
- Complainant, a pro se prisoner, alleges district and magistrate judges departed from prevailing legal standards in his Bivens action.
- The allegations target substantive and procedural rulings and are framed as misconduct, not ordinary appellate issues.
- The Judicial Council discerns a merits-related bar: allegations about rulings must show reversal on appeal to proceed.
- Complainant cites Judicial Conduct as support for a pattern and practice of disregarding law, but reversal evidence is required.
- The Council concludes complainant has not identified any reversed decision, foreclosing a pattern-and-practice claim.
- Allegations of bias, conspiracy, and denial of meaningful access are deemed unsupported, and misconduct charges against staff are dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Merits-related bar apply to misconduct claim? | Complainant argues pattern of legal disregard warrants misconduct. | Judicial conduct requires reversal on appeal to show misconduct pattern. | Merits-related bar applies; dismissed. |
| Existence of a willful pattern of disregarding law? | Complainant asserts repeated erroneous rulings indicate pattern. | No identified rulings reversed on appeal; insufficient to prove pattern. | Pattern not established; dismissed. |
| Bias or conspiracy evidence sufficient? | Rulings were biased and the magistrate conspired with defendants. | Adverse rulings do not prove bias or conspiracy; no other proof provided. | Bias/conspiracy claims dismissed. |
| Wrongdoing regarding motion to amend and motions to reconsider? | Judges failed to rule properly on motions. | Magistrate ruled on the motion to amend; district judge ruled on reconsideration. | No misconduct; issues resolved by proper rulings. |
| Misconduct procedure applicability to court staff? | Staff involved in underlying conduct should be subject to review. | Procedures apply only to federal judges, not staff. | Staff charges dismissed. |
Key Cases Cited
- In re Judicial Conduct & Disability, 517 F.3d 558 (U.S. Jud. Conference 2008) (recognizes pattern of disregarding legal standards may be misconduct)
- In re Judicial Misconduct, 579 F.3d 1062 (9th Cir. 2009) (must show reversal and pattern to prove misconduct)
- In re Complaint of Judicial Misconduct, 583 F.3d 598 (9th Cir. 2009) (adverse rulings alone do not prove bias or conspiracy)
- In re Complaint of Judicial Misconduct, 569 F.3d 1093 (9th Cir. 2009) (unsupported allegations require proof)
- In re Charge of Judicial Misconduct, 685 F.2d 1226 (9th Cir. Jud. Council 1982) (procedural safeguards and standards for misconduct)