Order of Dismissal of Judicial Misconduct Charge by olliegoblue25


									                           J UDICIAL CO UNCIL OF THE
                                 TE NTH CIRC IT

 IN RE: CHARGE OF JUDICIAL                               No. 2006-10-372 -40

Before TACHA, Chief Judge.

                               ORDER OF DISMISSAL

       Complainant has filed a compl aint of judic ial miscon duct aga inst circuit,

district, and magistrate j udges in this circuit. Th e Rules Governing Complaints of
Judicial Misconduct and Disability issued by the Judi ci al Council of the Tenth

Circuit, the judicial misconduct statute, 28 U.S.C. § 351 et seq ., and prior

decision s of the full Judicial Council of this circuit consistent with those

authorities govern my consideration of this complaint.

       Complainant first challenges this circuit's Miscondu ct Ru les to th e exte nt

they state that bias or improper legal rulings cannot be gro unds for a misconduct

complaint. Thi s circuit 's rules, however, do not state th at bias cann ot be grounds

for a misconduct complaint - only that the miscond uct procedures may not be

used to have a judge disqualified from a specific case . See Misconduct Rule I(e).

The rule s do preclude the use of a legal decision - erroneous or otherwise - as

grounds for misconduct, which comports with the relevant stat ute, 28 U.S .C.

§352(b)( I)(A)( ii)(allowing the chief judge to dismi ss a misconduct complaint

wh ich is "d irectly related to the merits of a deci sion or proced ural rulin g,"
language echoed in our rules, see Mis con duct Rule 4(c)(2) . Complainant' s

citation to the dis sent in a misconduct opini on from another circu it does not

persuade me otherwise.

      Complainant next contends that the named appe llate j udges conspired

among th emselves to cut off complainant's right of acce ss to the courts, a

con spiracy that is also alleged to con stitute a federal felony. Th is argument rests

on two points: the contention that the named appellate j udges "knew" that the

legal claims set out in complainant's underlying district court case were proper

and valid, and the unsupported speculation that, because the under lying case was

against other judges, the appellate judges had "o bvio us motive" to conc eal crimes

committed by fellow judges. While I agree with compl ainant' s supp osition that a

legal ruling done with improper motive can constitute misconduct, no such motive

is demonstrated here. This argument is both "directly related to th e mer its of a

procedural ruling or decision" and frivolous, as that term is defined in our rules.

See Misconduct Rule 4(c)(3)("a term that includes making charges that are wholly

unsupported or lacking sufficient evidentiary support to ra ise an inference th at

some kind of cognizable misconduct has occurred.").

       Complainant has also filed a supplement to the ori ginal misconduct

complaint, in which complainant argues that a recent news articl e quoting a j udge

in thi s circuit constitutes evidence that judges con spire to protect one anoth er, and

re iterates the arguments noted above. Nothing in the supplement cur es the legal

and evidentiary defects in complainant ' s initi al complaint against the named


      Accordingly, this complaint is dism issed. The Circuit Exec utive shall

transmit a copy of this order to complainant and to the res pondent judges. To

seek review of this order, complainant must file a petition for revie w by the

Judicial Council. The petition must be filed with the Offi ce of the Circ uit

Executive within 30 days of the date of the letter transmitting th is order.

      So ordered this 4th day of January, 2007 .

      Honorable Deanell Reece Tac ha
      Chief Circuit Jud ge
      On Behalf of The Judicial Council
       Of the Tenth Circuit

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