On Tuesday, September 27, 2022, the Judicial Council of the District of Columbia Circuit dismissed a Petition for Review of the Order of Dismissal, with case nos. DC-22-90013, DC-22-90014, DC-90015, DC-22-90016, DC-22-90017, and DC-22-90018 relating to judicial complaints against three Judges of the United States Court of Appeals for the District of Columbia Circuit and three Judges of the United States District Court for the District of Columbia.

The first complaint filed against a district court judge that is currently presiding over a lawsuit he filed was dismissed on the ground that the complaint presented no proper ground for a filing of judicial misconduct because the complaint was directly related to the merits of the decision of said district court judge.

The complainant then filed a judicial misconduct complaint against the United State Court of Appeals judge who handled his first misconduct complaint. The complainant alleged that the Court of Appeals Judge failed to conduct an adequate review of the evidence and misinterpreted the substance of the prior misconduct matter; improperly delayed its resolution, and incorrectly applied the relevant rules and statutes in resolving the prior misconduct complaint. Further, the complainant alleged that the subject judge was biased against him because the subject judge serves on the Judicial Council with the district court judge who was the subject of the prior misconduct complaint. Again, the second complaint was dismissed on the grounds that it was directly to the merits of the judicial decision and failed to establish bias on the part of the subject judge in the handling of the first misconduct complaint.

The complainant also filed several misconduct complaints against the subject judges who are members of the Judicial Council whom the complainant alleged to have engaged in conduct that is prejudicial to the effective and expeditious administration of the business of the courts and involves treating litigants in a demonstrably egregious and hostile manner in denying complainant’s petition for review of the dismissal of his first judicial misconduct complaint. The complainant asserted that the present subject judges’ “rubberstamping” of that order constituted misconduct.

Accordingly, in its Order dated July 28, 2022, Judge Henderson dismissed the complaints  filed against the three Judges of the United States Court of Appeals for the District of Columbia Circuit and three Judges of the United States District Court for the District of Columbia, for the following reasons, as stated in the Memorandum, which reads in pertinent part:

“Insofar as complainant challenges the subject judges’ disposition of his petition for review in his first misconduct matter, such allegations are “directly related to the merits of a decision or procedural ruling” and are thus not proper grounds for a finding of judicial misconduct. . . Furthermore, insofar as complainant alleges that the subject judges’ ruling was the result of bias stemming from the judges’ collegial relationship with the subject judge of the first misconduct complaint, that relationship does not per se give rise to a finding of partiality or bias. Complainant’s allegation of bias thus does not “raise an inference that misconduct has occurred.”

Ultimately, the Judicial Council of the District of Columbia Circuit affirmed the disposition of the complaint and denied the petition for review.

The order reads:

“It is ORDERED, by the Judicial Council acting pursuant to Rule 25(g) of the Rules for Judicial Conduct and Judicial Disability Proceedings, that the disposition is affirmed and the petition for review is denied pursuant to Rule 19(b)(1) for the reasons set forth in the memorandum accompanying Judge Henderson’s order.”

A copy of the original filing can be found here.