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chrisgeidner's profile
Chris Geidner
Chris Geidner
Chris Geidner
Verified account
@chrisgeidner

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Chris GeidnerVerified account

@chrisgeidner

Legal Editor, @BuzzFeedNews. SCOTUS Correspondent. Nat Sec Team, covering Trump & Mueller. Sober. Gay. Buckeye. Law Dork. DMs open. chris.geidner@buzzfeed.com

Washington, D.C.
buzzfeednews.com/author/chrisge…
Joined March 2009

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    1. Chris Geidner‏Verified account @chrisgeidner Feb 5

      Breaking: A Misconduct Investigation Into Now-Retired Judge Kozinski, Accused Of Sexual Harassment, Won't Go Forward https://www.buzzfeed.com/zoetillman/a-misconduct-investigation-into-a-now-retired-judge-accused?utm_term=.efbGKNqDr … from @zoetillman

      6 replies 58 retweets 49 likes
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    2. Chris Geidner‏Verified account @chrisgeidner Feb 5

      Here's where the 2nd Circuit Judicial Council tosses out the Kozinski complaint —>pic.twitter.com/btK6gUQQTK

      1 reply 3 retweets 6 likes
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    3. Chris Geidner‏Verified account @chrisgeidner Feb 5

      Here's the law at issue:https://www.law.cornell.edu/uscode/text/28/part-I/chapter-16 …

      1 reply 0 retweets 6 likes
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    4. Chris Geidner‏Verified account @chrisgeidner Feb 5

      Here's why the council says it "must" end the proceeding, and the relevant statutory language:pic.twitter.com/ecyLOlIj8G

      1 reply 1 retweet 4 likes
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    5. Chris Geidner‏Verified account @chrisgeidner Feb 5

      I'm not sure I read the statute the same way, so I looked a bit further. Here are the Rules for Judicial-Conduct and Judicial-Disability Proceedings — http://www.uscourts.gov/sites/default/files/guide-vol02e-ch03.pdf … — and the relevant section:pic.twitter.com/H5efKzL8JW

      3 replies 4 retweets 5 likes
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    6. Chris Geidner‏Verified account @chrisgeidner Feb 5

      While there's nothing further in the commentary on that section, there is in a similar, earlier section regarding the initial review of a complaint by a chief judge.pic.twitter.com/GKH8VetWML

      2 replies 1 retweet 7 likes
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    7. Chris Geidner‏Verified account @chrisgeidner Feb 5

      Note that the commentary refers to the language "permit[ting]" the chief judge to end a proceeding if a judge retires. If the statutory language creates a mandatory rule, why would the judiciary's own commentary use resignation as an ex. of "permit[ting]" concluding a proceeding?

      2 replies 0 retweets 13 likes
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    8. Chris Geidner‏Verified account @chrisgeidner Feb 5

      Additionally, this is what a judicial council can do with a complaint. Note (a)(2)(A)(iii) — public censure.pic.twitter.com/T93sHYjHUv

      1 reply 3 retweets 12 likes
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    9. Chris Geidner‏Verified account @chrisgeidner Feb 5

      The purpose of the law is to address "a judge [who] has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts."

      1 reply 2 retweets 8 likes
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    10. Chris Geidner‏Verified account @chrisgeidner Feb 5

      I would think public censure of a judge who retires after a complaint is referred to a judicial council might very well still advance those aims — and, per the commentary, "help to correct a specific harm to an individual" (i.e., those who complained of that judge's behavior).

      1 reply 4 retweets 17 likes
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      Chris Geidner‏Verified account @chrisgeidner Feb 5

      Anyway, having spent some time looking into the congressional process for dealing with workplace complaints, it seemed important to look at the way the system in the judiciary is allowing similar complaint secrecy/avoidance.

      4:24 PM - 5 Feb 2018
      • 4 Retweets
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      2 replies 4 retweets 15 likes
        1. Chris Geidner‏Verified account @chrisgeidner Feb 5

          Chris Geidner Retweeted Chris Geidner

          Further note that @kellyasingleton got me thinking about how the retirement/pension language — https://www.law.cornell.edu/uscode/text/28/371 … — arguably conflicts with the judicial council's reading of the complaint statute —>https://twitter.com/chrisgeidner/status/960679435035869185 …

          Chris Geidner added,

          Chris GeidnerVerified account @chrisgeidner
          Replying to @kellyasingleton
          But it will be 371(b)(2), so I’m not sure they have any discretion that. Although, that raises for me a significant question: It appears that statute still refers to even a (b)(2) retired judge as a “judge,” which undermines the judicial council’s logic further.
          0 replies 1 retweet 5 likes
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        2. Kelly Singleton‏ @kellyasingleton Feb 5
          Replying to @chrisgeidner

          The court's reasoning - that his resignation made the investigation "unnecessary" - is unconvincing, given he'll likely receive a generous pension under 28 U.S.C. § 371. I think the big question is why the investigation doesn't appear to be relevant to § 371 eligibility.

          1 reply 0 retweets 0 likes
        3. Chris Geidner‏Verified account @chrisgeidner Feb 5
          Replying to @kellyasingleton

          But it will be 371(b)(2), so I’m not sure they have any discretion that. Although, that raises for me a significant question: It appears that statute still refers to even a (b)(2) retired judge as a “judge,” which undermines the judicial council’s logic further.

          0 replies 0 retweets 1 like
        4. End of conversation

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