Thursday, October 3, 2024

"Not Demonstrably Egregious And Hostile"

A complaint alleging judicial misconduct has been dismissed by the Chief Judge of the United States Court of Appeals for the Ninth Circuit

Complainant alleges that the district judge made “abusive and unbecoming” statements during a hearing and improperly suggested that he could “disbar” an attorney. Pursuant to Judicial-Conduct Rule 11(b), a limited inquiry was conducted. As part of the inquiry, a written response from the district judge was requested and considered, and other available information was reviewed.

The district judge suggested that he would take action to ensure the attorney no longer practiced law. Although judges may not inappropriately wield their influence to have an attorney disbarred,see In re Charges of Judicial Misconduct, 465 F.3d 532, 546 (2d Cir. Jud. Council 2006), they “should take appropriate action upon receipt of reliable information… that a lawyer violated applicable rules of professional conduct.” Code of Conduct for United States Judges Canon 3(B)(6). This attorney’s conduct warranted referral to the relevant disciplinary body. Indeed, the state bar subsequently disciplined the attorney for his conduct in this case. In this context, the judge’s comments did not constitute misconduct.

Although some of the district judge’s comments were not expressed in a professional manner, a review of the record reveals that the district judge’s treatment of the attorney was not demonstrably egregious and hostile, as required for a finding of misconduct under the Judicial Conduct and Disability Act. One brief exchange, following a long line of unprofessional and shocking conduct by the attorney, did not interfere with the effective and expeditious administration of the business of the courts. Accordingly, this allegation is dismissed. See Judicial-Conduct Rule 11(c (1)(A), (D).

That said, the district judge is reminded that a “judge should be patient, dignified, respectful, and courteous to litigants, jurors, witnesses, lawyers, and others with whom the judge deals in an official capacity.” Code of Conduct for United States Judges Canon 3(A)(3).

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2024/10/not-demonstrably-egregious-and-hostile.html

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