Related To The Merits

A judicial misconduct complaint brought by an unnamed complainant against an unnamed district court judge has been dismissed by the Chief Judge of the United States Court of Appeals for the Ninth Circuit

This misconduct complaint arises out of an attorney disciplinary matter. In the misconduct complaint, the complainant alleges that the district judge “made a gross error in his decision to affirm the Bar’s suspension” and that the district judge refused to consider evidence. These allegations are related to the merits and must be dismissed on that ground. See 28 U.S.C. § 352(b)(1)(A)(ii); In re Complaint of Jud. Misconduct, 838 F.3d 1030 (9th Cir. Jud. Council 2016) (dismissing allegations that a district judge and magistrate judge made various improper rulings as merits related); Judicial-Conduct Rule 11(c)(1)(B).

Complainant also alleges that the district judge violated his due process rights by improperly acting as a prosecutor in lieu of the State Bar. A review of the record reveals that the disciplinary proceedings were conducted pursuant to the local rules of the district court and the district judge explained that the district court did not have appellate jurisdiction over the State Bar’s decisions. Initiating reciprocal attorney disciplinary proceedings is not improper. See In re Kramer, 282 F.3d 721, 724 (9th Cir. 2002) (finding the district court’s imposition of reciprocal attorney discipline proceedings based on a state’s disciplinary adjudication was not an abuse of discretion); see also 9th Cir. R. 46-2(c). Because complainant provides no objectively verifiable evidence of misconduct in this matter, this allegation must be dismissed. 

(Mike Frisch)