On Monday, March 6, 2023, the United States Court of Appeals for the Fourth Circuit dismissed the judicial complaint filed against an unnamed District Court Judge alleging abuse of judicial position.

The case is entitled “In the matter of Unnamed District Judge,” with case no. 04-23-90016.

A judicial complaint was brought before the U.S. Court of Appeals against an Unnamed District Court Judge in pursuance of the Judicial Conduct Disability Act, 28 U.S.C. The said act provides an administrative remedy for judicial conduct that is prejudicial to the effective and expeditious administration of the business of the courts.

According to the memorandum and order, the Unnamed District Court Judge entered a criminal judgment sentencing a certain complainant to life imprisonment. The latter pleaded guilty pursuant to a plea agreement to piracy under the law of nations. In the plea agreement, the complainant acknowledged that restitution was mandatory and had agreed to the entry of a restitution order for the full amount of the victim’s losses.

The Unnamed District Judge then entered the restitution order holding the complainant to be jointly and severally liable with any codefendants who were ordered to pay restitution for the same losses.

The Memorandum and Order states:

“After sentencing, the matter was reassigned to the subject judge. Approximately four and a half months after the entry of the criminal justice, the complainant, through his attorney, “endorsed and agreed” upon a restitution order, which was submitted to the subject judge for approval.”

In disagreement with the issued order, the complainant filed a judicial complaint objecting to the respondent’s decision to issue the restitution order. The complainant alleged that the respondent blatantly violated the judicial canons of ethics; took advantage of his limited English and unfamiliarity with the American legal system; entered the order without his knowledge or consent and at a time when he was no longer represented by counsel; engaged in underhanded actions that were an overt judicial abuse of her position and authority; pathological abuse of judicial discretion; and conspired with the defense attorney and the government in some type of communist dictatorial plot.

The Memorandum and Order continue:

“Complainant’s challenges to the timing of the subject judge’s entry of the restitution order are directly related to the merits of the judge’s ruling in the underlying proceedings and, therefore, are subject to dismissal.”

However, the court stated that the complainant may not pursue his disagreement with the subject judge’s ruling through a complaint of judicial misconduct for his/her allegations of ethical violations, judicial abuse, conspiracy, and other misconduct lack sufficient evidence to raise an inference that misconduct has occurred.

The Disposition states:

“Accordingly, this judicial complaint is dismissed as merits-related and lacking in evidentiary support pursuant to 28 U.S.C. 352(b)(l)(A)(ii), (iii).”

A copy of the original filing can be found here.