OPINION
J. Burk Voigt appeals from the dismissal of this action against Richard D. Saveli, Presiding Judge of the Fourth Judicial District of the Alaska Court System, and several senior members of the Alaska Comí; System’s administrative staff. 1 Voigt contends that the district court erred in granting summary judgment in favor of the defendants on his claims under 42 U.S.C. § 1983 for unlaw *1557 ful discharge in violation of his First Amendment right to free speech and his Fourteenth Amendment right to procedural due process. He further contends that the district court erred in granting summary judgment in favor of the defendants on his claim under 42 U.S.C. § 1985 in which he alleges that the defendants conspired to discriminate against non-residents of Aaska when hiring court personnel.
We affirm the district court’s judgment. With regard to the First Amendment claim, an application of the balancing test articulated in
Pickering v. Bd. of Educ.,
I
Voigt was hired on July 17, 1989 by the Aaska Court System as the Clerk of the Court and Assistant Aea Court Administrator for the Fairbanks trial courts. He became a permanent tenured employee one year later. Voigt’s relationship with Judge Saveli can best be described as strained from at least as early as January of 1991. On January 15, 1991, shortly after assuming his duties as the new presiding judge, Judge Saveli sent two memoranda to Voigt expressing concerns about the way in which Voigt was carrying out his responsibilities. One of these memoranda stated that an action Voigt had taken had not been authorized and was “a real blunder.” Voigt responded on January 17, 1991, with a memorandum to Saveli, in which he addressed what he considered “the development of a very serious impediment to our relationship.” In this memorandum, Voigt expressed confusion as to why Judge Saveli considered him to be “the bad guy” with regard to various situations in the office and stated that “[wjhile your target may have been me personally, your indiscriminate and general comments deny the tremendous accomplishments my office has made[.]”
On March 24, 1992, Voigt received an intent-to-dismiss letter signed by defendants Saveli and Woods. The five-page letter sets forth, as one of the reasons for Voigt’s termination, his “consistent pattern of making inappropriate statements to subordinate employees!;,]” such as “statements to supervisors and other court employees designed to torpedo the selection of Judith Cramer as [a court administrator].” The letter also states that Voigt had engaged in insubordinate behavior, citing Voigt’s criticism of Judge Sa-veli’s decision to uphold a grievance filed by Roberta Demoski, a resident of Aaska who complained when Voigt did not hire her for a clerk position. 2 Because Voigt relies on his speech regarding these two incidents as the basis for his First Amendment claim, we set forth the facts surrounding these incidents in detail.
In early 1991, Judge Saveli sought to hire a new Fairbanks Aea Court Administrator (“ACA”). Mter interviewing four individuals for the position in mid-April, he first offered the position to Judith Cramer, an Ohio resident and that state court’s administrator. Cramer declined the position. On Friday, April 26, 1991, Judge Saveli offered the AjCA position to Don Mills, an Oregon resident; and that state court’s administrator. Mills'" accepted the position. The following Monday Cramer called Judge Saveli and indicated that she had changed her mind and wanted to accept the position.
Judge Saveli consulted by telephone with every judge he could find in the district in order to obtain their consent to the cancellation of Mills’ employment contract so he could award the position to Cramer. Every *1558 judge whom Judge Saveli contacted approved of the proposed action, except for Judge Jay Hodges. Judge Saveli then called Art Snow-den, the Administrative Director of the Alaska Court System. Snowden approved the proposed action and authorized reimbursement to Mills for any losses or expenses he had incurred as a result of the reeision of the agreement to employ him. Judge Saveli notified Mills that the employment agreement had been cancelled and offered the position to Cramer.
Voigt was highly critical of the way Judge Saveli handled the ACA hiring and of Judith Cramer, the person Judge Saveli had chosen for the position. At a supervisors meeting attended by the various department heads of the Fairbanks court system on May 1, 1991, Voigt stated that Judge Saveli “lacked honor and integrity” in his handling of the situation. He also questioned Judith Cramer’s integrity and competency.
Voigt received a written reprimand on May 15, 1991 from Judge Saveli. Judge Saveli stated as one of the reasons for the reprimand Voigt’s criticism to other staff members concerning the manner in which Judge Saveli handled the hiring of Judith Cramer. Judge Saveli informed Voigt that his comments went beyond mere disagreement with the decision to hire Cramer and the manner in which the selection was handled. He indicated that Voigt’s comments appeared to be an attempt to “torpedo” the selection of Judith Cramer and to undermine any chance that she had of succeeding at her job. 3 Voigt testified at his deposition that he did not agree with the reprimand, but chose not to grieve it.
The second incident Voigt relies on as the basis for his First Amendment claim involves his criticism of a decision by Judge Saveli to uphold a grievance filed by Roberta Demo-ski. On February 7, 1992, Voigt hired Margaret Crawford, a non-resident of Alaska, for a court clerk position, instead of Demoski, a court clerk from Galena, Alaska. Voigt testified that he hired Crawford, one of Judge Saveli’s former law clerks, because he felt that her legal experience, education, and personality best qualified her for the position.
Demoski filed an informal grievance following Voigt’s decision. Judge Saveli issued a decision on February 25, 1992, in which he concluded that Demoski’s grievance was valid. He found that Voigt had applied improper criteria and had ignored a personnel rule when choosing Crawford over Demoski. Judge Saveli ordered that Demoski be transferred to the Fairbanks clerk’s office so she could be placed in the first available position for which she was qualified.
Voigt discussed Judge Saveli’s decision to uphold Demoski’s grievance with at least five other court employees. He expressed his concern that Judge Saveli was motivated to issue the decision because he was “out to get” him, especially since Voigt had spoken out regarding the Cramer/Mills incident. Voigt also speculated that Judge Saveli and possibly other members of the court practiced an unspoken policy of discriminating against non-residents of Alaska who apply for positions with the court system. He voiced this concern to at least one other court employee. Voigt never expressed his concern over the allegedly discriminatory hiring practices to the media or to any person who was not a court employee.
After receiving the intent-to-dismiss letter on March 24, 1992, Voigt requested a pre-termination hearing. The hearing was held on March 26, 1992, by Judge Niesje J. Stein-kruger. The following day, Judge Steinkruger issued a decision in which she found reasonable grounds to believe that the charges against Voigt were true and supported the proposed action of termination of employ *1559 ment. Voigt was formally terminated on March 27, 1992.
Voigt pursued the Alaska Court System’s formal grievance process which provides for an investigation by the Administrative Director’s office. The investigator upheld Voigt’s termination. Voigt did not pursue the next step in the court system’s grievance process which provides for a hearing before a hearing officer because he felt he was unlikely to receive a fair and impartial hearing.
II
Voigt filed this action on April 17, 1992. The defendants filed a motion for partial summary judgment on August 9, 1993, seeking dismissal of all of Voigt’s federal claims. The district court granted partial summary judgment in favor of the defendants on Voigt’s federal claims and entered judgment dismissing all of Voigt’s claims on June 20, 1994. Voigt’s state claims were dismissed without prejudice to further proceedings in state court.
III
Voigt asserts that the defendants failed to comply with the merit principles mandated by the Alaska Constitution, Alaska statutes, and the court system’s personnel rules in terminating his employment. In addition, Voigt asserts that there were numerous procedural deficiencies with the way in which he was terminated, such as the defendants’ failure to provide constructive and progressive discipline as required by the personnel rules. Finally, Voigt asserts that the defendants violated his First and Fourteenth Amendment rights and conspired to violate the constitutional rights of non-residents of Alaska.
We review a district court’s grant of summary judgment de novo.
Home Sav. Bank v. Gillam,
Though “a public employee does not relinquish First Amendment rights to comment on matters of public interest by virtue of government employment! ] ... the State’s interests as an employer in regulating the speech of its employees ‘differ significantly from those it possesses in connection with regulation of the speech of the citizenry in general.’ ”
Connick v. Myers,
The threshold question in determining whether a public employee’s termination violates the First Amendment is whether the employee’s speech is entitled to constitutional protection.
Gillette v. Delmore,
“Whether an employee’s speech addresses a matter of public concern must be determined by the content, form, and context of a given statement, as revealed by the whole record.”
Id.
at 147-48,
In
Connick,
an assistant district attorney opposed her proposed transfer to a different section of the criminal court.
Id.
at 140,
The Supreme Court concluded that the question whether any assistant district attorney ever felt pressured to work in political campaigns “touched upon a matter of public concern” because there is a “demonstrated interest in this country that government service should depend upon meritorious performance rather than political service.”
Id.
at 149,
The Court’s analysis of the facts in
Con-nick
is instructive to our resolution of the question whether Voigt’s speech involved a matter of public concern. Voigt’s comments consisted primarily of criticism regarding the way Judge Saveli handled two internal personnel matters. Such information carries little public import in that it does not seek to inform the public of Judge Saveli’s failure to discharge his duties as a judicial officer. Rather, as in
Connick,
Voigt’s speech regarding the ACA hiring and the Demoski grievance can be characterized primarily as an extension of his personal dispute with Judge Saveli in which Voigt attempted to galvanize support for himself by weakening staff support for Judge Saveli.
See McKinley v. City of Eloy,
We cannot say, however, that Voigt’s speech is of absolutely no relevance to the public’s evaluation of the performance of the court system. The public has an interest in knowing whether the court treats its job applicants fairly.
See McKinley,
Because Voigt’s speech touched on a matter of public concern, we must balance Voigt’s interest, as a citizen, to comment on such matters, against the defendants’ interest, as an employer, in promoting the efficiency of the public services it performs through its employees.
Pickering,
The
Pickering
analysis requires particularized balancing based on the unique
*1561
facts presented in each case.
Connick,
The
Pickering
analysis requires full consideration of the government’s interest in the effective and efficient fulfillment of its responsibilities to the public.
Connick,
The defendants presented evidence that Voigt’s criticism of Judge Saveli at staff meetings severely damaged office harmony and undermined Judge Saveli’s authority. Affidavits from three employees present at Voigt’s staff meetings reveal that they felt Voigt’s disparaging comments about Judge Saveli and his choice for ACA were disruptive and undermining to office harmony. This evidence is undisputed.
The time, place, and manner of the employee’s speech is also relevant to the question whether the employing agency’s institutional efficiency was threatened.
Connick,
Voigt also exercised his right to speech at the office. 4 His statements were made in a staff meeting and in conversations with other supervisory level employees. His speech consisted of direct criticism of Judge Saveli’s handling of internal matters in which Voigt was directly involved. Moreover, his speech went beyond criticism of Judge Saveli to include attempts to undermine the authority of a newly hired employee who would directly supervise Voigt. The form and context of Voigt’s speech supports the defendants’ concerns, reflected in Voigt’s termination letter, that the functioning of the workplace was endangered.
The defendants have met their burden under Pickering. The limited First Amendment interest involved here does not require that the defendants tolerate actions which they reasonably believed caused disruption in the workplace and undermined the authority of Voigt’s superiors.
Voigt argues that our recent decision in
Johnson v. Multnomah County, Oregon,
48
*1562
F.3d 420 (9th Cir.),
cert. denied,
— U.S. -,
In Johnson, a public employee was disturbed by the fact that she did not receive her immediate supervisor’s position when the position became vacant. Id. at 421. Johnson began making accusations about the new supervisor to coworkers and others which ranged from mismanagement and misuse of public resources, to allegations of criminal behavior. Id. at 424-25. We rejected the defendant’s argument that because Johnson’s statements were false and made with a reckless disregard for the truth, they could not be considered matters of public concern as a matter of law. Id. at 423. Instead, we held that “the recklessness of the employee and the falseness of the statements should be considered in light of the public employer’s showing of actual injury to its legitimate interests, as part of the Pickering balancing test.” Id. at 424.
In determining whether Johnson’s speech involved a matter of public concern, we distinguished Connick, where the employee’s speech arose in the context of an employee grievance and related to internal administrative procedures. Id. at 425. In contrast, Johnson’s statements regarding criminal misuse of public funds, wastefulness, and inefficiency in managing and operating government entities were matters of inherent public concern. Id. at 425. Thus, despite the fact that Johnson “was embittered about not having been promoted,” her speech did not constitute an “employee grievance” within the meaning of Connick. Id.
Finally, after applying the Pickering analysis, we held that the employer was not entitled to summary judgment on the ground that its legitimate administrative interests outweighed Johnson’s First Amendment interest in free speech. Id. at 427. The employer had submitted evidence that Johnson’s statements interfered with the close working relationship between Johnson and her supervisor, and undermined her supervisor’s relationships with co-workers, subordinates and private vendors. Id. We held that the employer had to show more than mere disruption of office relationships. Id. We reasoned that the employer had to show actual injury to its legitimate interests in order to prevail under the Pickering test. Id. An employer does not have “a legitimate interest in covering up mismanagement or corruption and cannot justify retaliation against whistle-blowers as a legitimate means of avoiding the disruption that necessarily accompanies such exposure.” Id.
The instant case presents a significantly different factual scenario than Johnson. Johnson’s speech included allegations of criminal wrongdoing and abuse of power. Such accusations involve matters of inherent public concern and the burden on the employer in demonstrating that its interests outweigh the First Amendment interest of the employee is correspondingly onerous. See id. at 426 (“ ‘[t]he more tightly the First Amendment embraces the speech the more vigorous a showing of disruption must be made’”) (citation omitted).
In contrast, Voigt’s speech did not involve serious allegations of mismanagement or criminal corruption. Rather, Voigt criticized the wisdom and fairness of Judge Saveli’s decisions regarding internal personnel matters. In doing so, he touched upon matters of limited public concern. The facts in the instant matter parallel the situation described in
Connick,
where although the employee’s speech was primarily related to an employee grievance, one aspect of it touched on a matter of public concern.
Connick,
Assuming arguendo that Voigt can allege facts to support a wrongful discharge claim under state law, his cause of action cannot be converted into a federal constitutional claim simply because Voigt was a public employee. See id. at 154, 103 S.Ct. at *1563 1694 (“it would indeed by a Pyrrhic victory for the great principles of free expression if the [First] Amendment’s safeguarding of a public employee’s right, as a citizen, to participate in discussions concerning public affairs were confused with the attempt to con-stitutionalize [an] employee grievance”).
IV
The district court dismissed as abandoned Voigt’s claim under 42 U.S.C. § 1988 that the defendants deprived him of his Fourteenth Amendment procedural due process rights. Voigt received a pre-termination hearing, but chose to file an action in federal court rather than to pursue the full array of post-termination administrative remedies provided by state law. Throughout the proceedings before the district court, Voigt maintained that the defendants failed to comply with the state’s clearly established substantive and procedural requirements. In his opposition to the defendants’ motion for partial summary judgment, however, Voigt stated that he
abandons his claim that procedural due process was violated by the manner in which the pre-termination hearing was conducted because LoudermM left undecided the specific minimal requirements of a pre-termination hearing. Defendants did not provide a full procedural due process hearing, but LoudermM and progeny have so far not required that.
Voigt argues that he did not abandon his contention that the defendants failed to follow the procedural requirements clearly established by state law, such as the constructive and progressive discipline procedures required by the Alaska Court System’s personnel rules. Voigt asserts that an employer’s personnel procedures provide the most obvious means for fixing the standards of procedural due process to which an employee is entitled.
Voigt’s argument is based on the incorrect assumption that state law informs the second prong of the federal procedural due process analysis. This part of the analysis asks what process is due once it has been determined that the defendant has an interest protected under the Fourteenth Amendment.
Logan v. Zimmerman Brush Co.,
Voigt does not argue that the procedures established by Alaska state law are themselves inadequate to satisfy the federal constitution.
See Vitek v. Jones,
*1564 V
The district court granted summary-judgment in favor of the defendants on Voigt’s claim under 42 U.S.C. § 1985(3), in part on the ground that Voigt lacks standing to assert this claim. Standing is a purely legal issue which requires our independent or de novo determination, without deference to the district court’s conclusion.
Kayes v. Pacific Lumber Co.,
Voigt’s section 1985(3) claim is based on two distinct theories: (1) the defendants conspired to deprive Voigt of his property interest in violation of his Fourteenth Amendment rights; and (2) the defendants conspired to violate the constitutional rights of non-resident job applicants, adversely affecting then-rights to equal protection, privileges and immunities, and travel.
“Plaintiffs have standing under Section 1985 only if they can show they are members of a class that the government has determined ‘require[s] and warrantfs] special federal assistance in protecting their civil rights.’ ”
Maynard v. City of San Jose,
With regard to Voigt’s claim that the defendants conspired to violate the constitutional rights of non-residents, Voigt argues that he has third-party standing to assert non-residents’ rights. “Although a plaintiff generally ‘cannot rest his claim to relief on the legal rights or interests of third parties,’ the Supreme Court has recognized an exception where the plaintiff meets [each of] the following three criteria: first, the plaintiff must have a concrete interest in the outcome of the dispute; second, the plaintiff must have a close relationship with the party whose rights it is asserting; and third, ‘there must exist some hindrance to the third party’s ability to protect his or her own interests[.]’ ”
Wedges/Ledges of Cal., Inc. v. City of Phoenix, Ariz.,
The “concrete interest” criterion asks whether the litigant has suffered some injury-in-fact, adequate to satisfy Article Ill’s case-or-controversy requirement.
Caplin & Drysdale, Chartered v. United States,
The second criterion for third-party standing requires that Voigt have a close relationship with non-residents of Alaska. Voigt asserts that because he is in a position to hire non-residents as employees of the Alaska Court System, he has a close relationship with non-residents sufficient to satisfy this criterion. We disagree.
There are two underlying rationales for permitting third-party standing where there is a close relationship between the plaintiff and the third party.
Singleton v. Wulff,
Voigt’s only connection to non-residents is that he may occasionally be in a position to hire a non-resident for a position within the state court system. Such an intermittent connection does not sufficiently advance the underlying rationales for permitting third-party standing.
See Constr. Ind. Ass’n, Sonoma Co. v. City of Petaluma,
A review of caselaw in which a close relationship warranted third-party standing further supports the conclusion that Voigt does not have a relationship sufficient to justify third-party standing.
See e.g., Griswold v. Connecticut,
Because we conclude that Voigt lacks third-party standing to assert non-residents’ rights, we need not reach the question whether non-residents themselves are members of a class entitled to protection under section 1985(3).
VI
, x„ After granting summary judgment m favor 0f the defendants on all of Voigt’s federal claims, the district court dismissed Voigt’s state law claims -without prejudice to then-renewal in state court. Voigt argues that the district court “repeatedly erred in attempting to identify and separate appellant’s federal civil rights claims from his state wrongful discharge claims.” This argument is without merit. Voigt has misconstrued the district court’s legitimate attempts to manage the case in order to avoid deciding issues involving unsettled state law unless federal claims were properly before the court.
Pursuant to 28 U.S.C. § 1367(c)(3), a district court may decline to exercise supplemental jurisdiction over a claim if the court has dismissed all claims over which it has original jurisdiction.
Imagineering, Inc. v. Kiewit Pac. Co.,
VII
The district court denied Voigt’s motion for reassignment pursuant to 28 U.S.C. § 455(a).
5
Disqualification of a district judge is appropriate under section 455(a) “where ‘a reasonable person with knowledge of all the facts would conclude that the judge’s impartiality might reasonably be questioned.’ ”
Yagman v. Republic Ins.,
Judge Singleton served for 20 years as an Alaska state court judge. Voigt argues that Judge Singleton’s impartiality is reasonably questioned in this ease because the defendants include a judge and several administra *1566 tors of the Alaska Court System. He also points out that two of Judge Singleton’s former law clerks are involved in this case. One is a named as a defendant in the case and the other is serving as counsel for the defendants.
In denying Voigt’s motion, Judge Singleton described his minimal contact with the Fairbanks bench and bar, including Judge Saveli, to whom he was only recently introduced at a State-Federal Committee. Judge Singleton served as a superior court judge for the Third Judicial District during his service as a state judge. His chambers were in Anchorage, a significant distance from Fairbanks. His present federal court chambers are also in Anchorage and he has never lived in another community in Alaska. The judge explained that he has no ongoing personal relationship with any state judge or administrator named in the complaint or likely to be a witness. He further explained that with regard to his former law clerks, he has had no ongoing personal relationship with either of them in over fifteen years.
In rejecting the motion for reassignment, Judge Singleton quoted and applied the proper standard. A reasonable person informed of the foregoing facts would not conclude that Judge Singleton’s impartiality might reasonably be questioned. The district court did not abuse its discretion in denying Voigt’s motion seeking reassignment of the case to a different judge.
AFFIRMED.
Notes
. In addition to Judge Saveli, Voigt lists as defendants: Ronald J. Woods, Area Court Administrator for the Fourth Judicial District; Arthur Snowden II, Administrative Director of the Alaska Court System; Stephanie Cole, Deputy Administrative Director of the Alaska Court System; and Karrold Jackson, Personnel Director of the Alaska Court System. Voigt also names the state of Alaska as a defendant. The district court ruled that Voigt’s claims for damages against the state are barred by the Eleventh Amendment. Voigt does not appeal from the dismissal of the State of Alaska on this ground.
. Several other grounds for termination were listed in the intent-to-dismiss letter. For instance, the letter lists eight separate instances in which Voigt is purported to have made inappropriate statements or engaged in inappropriate actions in dealing with subordinate employees. The letter also states, among other things, that Voigt “misused court resources for improper or harmful purposes!)]” and "violated Personnel Rule 6.05 governing overtime compensation.”
. In pertinent part, the May 15, 1991 reprimand reads:
Your recent actions in dealing with court system employees locally have spread disharmony and have operated to undermine my attempts to improve case handling and cure some of the serious problems that we face. You may disagree with the decision I made in the selection of an Area Court Administrator, and you may likewise disagree with the manner in which I made that selection. Beyond disagreement, however, your actions appear to have been designed to torpedo my selection of Judith Cramer and to undermine any chance she has of being accepted in the building and succeeding at her job____
. Voigt leaked to the press a memorandum from Judge Hodges to Judge Saveli which was highly critical of Judge Saveli’s handling of the ACA hiring. Memoranda between Judge Hodges and Judge Saveli indicate that the working relationship between the two judges was undermined because Judge Saveli thought Judge Hodges or his staff had leaked the memorandum. While it is undisputed that Voigt’s conduct in leaking this document was disruptive, the defendants have not demonstrated that it played a part in the decision to terminate Voigt. Therefore, we will not consider this disclosure or its disruptive effects as part of the Pickering analysis.
. 28 U.S.C. § 455(a) reads:
Any justice, judge, or magistrate of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.