Here's where the 2nd Circuit Judicial Council tosses out the Kozinski complaint —>pic.twitter.com/btK6gUQQTK
Legal Editor, @BuzzFeedNews. SCOTUS Correspondent. Nat Sec Team, covering Trump & Mueller. Sober. Gay. Buckeye. Law Dork. DMs open. chris.geidner@buzzfeed.com
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Here's where the 2nd Circuit Judicial Council tosses out the Kozinski complaint —>pic.twitter.com/btK6gUQQTK
Here's the law at issue:https://www.law.cornell.edu/uscode/text/28/part-I/chapter-16 …
Here's why the council says it "must" end the proceeding, and the relevant statutory language:pic.twitter.com/ecyLOlIj8G
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
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
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?
Additionally, this is what a judicial council can do with a complaint. Note (a)(2)(A)(iii) — public censure.pic.twitter.com/T93sHYjHUv
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."
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).
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.
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,
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