On Wednesday, March 15, 2023, Elaine D. Kaplan, Chief Judge of the United States Court of Federal Claims dismissed a complaint alleging a judge of the United Stated States Court of Federal Claims of judicial misconduct.
The case is styled ‘In re: Complaint of Judicial Misconduct,’ with case no. 23-90351.
The complainant alleged that the subject judge acted in a prejudicial manner when she stated in an order that his previous complaints filed with the court were all dismissed for lack of subject matter jurisdiction.
According to the Rules for Judicial-Conduct and Judicial-Disability Proceedings (“RJCP”), “prejudicial” conduct includes such things as the use of the judge’s office to obtain special treatment for friends and relatives, acceptance of bribes, treating litigants or others in a demonstrably egregious and hostile manner, and other abuses of judicial office.
The Chief Judge dismissed the complaint because the complainant’s allegations of misconduct against the subject judge are lacking sufficient evidence to raise an inference that misconduct has occurred.
The disposition reads:
“IT IS ORDERED that the complaint is DISMISSED because the complainant has not demonstrated that the named judge engaged in cognizable misconduct that is prejudicial to the effective and expeditious administration of the business of the courts.”
The complainant has 42 days to file a petition for review of the dismissal.
A copy of the original filing can be found here.
