Notable that Kozinski offers an "only joking" type defense. Cue the @5thCircAppeals thread....https://twitter.com/rickhasen/status/942778157614039040 …
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Not sure why. I believe the Boyce Martin proceeding continued after he stepped down.
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As far as I know judicial disciplinary proceedings have invariably been dismissed with no further proceedings upon judge's retirement. My understanding is that the only post-retirement actions in Martin's case were identifying him and referring matter to DOJ, not investigation.
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A 3d Cir. case, 10 F.3d 99 (1994), is a leading case.
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