Opinion

In Re Complaint of Judicial Misconduct

  • 366 F.3d 963
  • 2004 U.S. App. LEXIS 8810
  • 2004 WL 951473
Court
Court of Appeals for the Ninth Circuit
Filed
May 5, 2004
Status
Published
Author
Kleinfeld
On the bench
Alarcón, Kozinski, Kleinfeld, Tashima, Fletcher, Patel, Coughenour, Ezra, Shanstrom, Levi
Cited by
11 cases

explaining that while “administrative functions” generally include “[p]ersonnel decisions,” they do not include events that “arose directly and immediately out of a confrontation with the judge in his or her official capacity”

How later courts described this case

  • explaining that while “administrative functions” generally include “[p]ersonnel decisions,” they do not include events that “arose directly and immediately out of a confrontation with the judge in his or her official capacity”
  • explaining that “administrative functions” include “[p]ersonnel decisions,” as opposed to events that “arose directly and immediately out of a confrontation with the judge in his or her official capacity”
  • instructing courts to consider “whether (1) the act is a normal judicial function, (2) the events occurred in the judge’s chambers, (3) the controversy centered around a case then pending before the judge, and (4) the events at issue arose directly and immediately out of a confrontation with the judge in his or her official capacity.” (citations omitted)
  • listing factors to consider when determining whether an act is judicial in nature

Written by the judges who cited it.

The opinion

KLEINFELD, Circuit Judge,

concurring in the result:

I concur in the result reached by the majority. Rather than deciding as a general matter whether judicial misconduct can be found in routine personnel decisions, I would affirm the Chief Judge’s decision for the reasons she gave.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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