828 F.3d 1179
Judicial Council of The Ninth ...2016Background
- Complainant (an attorney facing disbarment) sued the state bar association and alleged two district judges should have recused themselves.
- Complaint asserted the judges were biased in favor of the bar and conflicted because they were bar members, served on bar committees/boards, and participated in CLE panels with defendants in the underlying suit.
- Complainant had previously moved to disqualify the judges in the underlying proceeding; those motions were denied.
- Court noted the Code of Conduct for United States Judges permits participation in bar activities, teaching, and service on nonprofit law organizations.
- The court required convincing proof that a judge knew of a material conflict or acted with a corrupt motive to sustain a judicial-misconduct claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether allegations that judges failed to recuse amount to actionable judicial misconduct | Judges are biased/conflicted due to bar membership, committee service, CLE panels, and friendships with defendants | Participation in bar activities and CLE is permitted; prior disqualification motions were denied; adverse rulings don’t prove bias | Dismissed as merits-related and for failure to allege convincing proof of bias or corrupt motive |
| Whether membership and service in bar organizations create a disqualifying conflict | Such service demonstrates favoritism toward the bar and relationships with defendants | Such activities are permitted by the Code of Conduct and are not evidence of misconduct | Not enough to infer misconduct; disclosure of such activity insufficient |
| Whether prior denials of disqualification affect misconduct claim | Denials fail to show judges were aware of a material conflict or acted corruptly | Denials support that the issue was merits-related and insufficient for misconduct proceedings | Undercuts complainant; allegations merit-related and dismissed |
| Standard required to state judicial-misconduct claim | Complainant need not show much beyond pattern of contacts and rulings | Must provide convincing proof of awareness of a material conflict or corrupt intent | Complaint failed to meet the required convincing-proof standard |
Key Cases Cited
- In re Complaint of Judicial Misconduct, 579 F.3d 1062 (9th Cir. Jud. Council 2009) (distinguishing merits-related claims from cognizable judicial-misconduct claims)
- In re Complaint of Judicial Misconduct, 687 F.3d 1188 (9th Cir. Jud. Council 2012) (adverse rulings do not alone prove judicial bias)
- In re Complaint of Judicial Misconduct, 650 F.3d 1370 (9th Cir. Jud. Council 2011) (dismissal of complaints that fail to raise an inference of misconduct)