On Friday, January 13, 2023, the Judicial Council of the Eighth Circuit dismissed a complaint, with case no. 08-22-90120, against a Chief Judge of the same circuit for alleged Judicial Conduct and Disability.
This case is a Judicial complaint filed by a civil litigant against a Chief Judge of the Eighth Circuit because of the latter’s order dismissing two prior judicial complaints against a District Court judge presiding over the complainant’s civil lawsuit. The complainant alleged Judicial Misconduct and disability.
The filing states:
“In this complaint, the Complainant first alleges that the chief judge demonstrates mental disorientation” by incorrectly stating in the prior order that “2 complainants exist.” This allegation is demonstrably false. The Court’s official Judicial Conduct (JCP) records show that two separate judicial complaints were filed, one by the Complainant’s spouse on behalf of the Complainant and another by the Complainant’s spouse; that the Clerk of Court promptly sent the Complainant’s spouse a letter acknowledging receipt of the second complaint; and that Complainant’s spouse did not ask to be removed from the complaint until after the chief judge ruled.”
The filing continues:
“The Complainant further alleges that the chief judge’s prior JCP order “disregarded core complaint facts” in order to dismiss complaints of discriminatory treatment” by a “fellow colleague.”
According to the court, like the prior complaints dismissed by the chief judge, these allegations of improper motive, bias, or discrimination against the complainant are lacking sufficient evidence to raise an inference that misconduct has occurred. Therefore, these allegations should be dismissed because they clearly relate to the merits of a prior decision or procedural ruling.
A copy of the original filing can be found here.
