On Monday, October 3, 2022, the Judicial Council of the Eight Circuit voted to deny the petition for review of the ruling for misconduct charges against an unnamed Judge.

The following are as alleged and summarized from the filing.

This started through a judicial complaint filed by an individual against a United States district judge assigned to an inmate’s civil-rights action. First, the judicial complaint alleges that the district judge “committed intentional civil wrongdoing” by entering an order denying the inmate’s motions to dismiss summary judgment and directing the inmate to file a response to the defendant’s motion for summary judgment because the case was assigned to a United States magistrate judge, not the district judge. Second, the judicial complaint maintains that the district judge “committed intentional civil wrongdoing” by entering an order denying the inmate’s motion for entry of default, motion for default judgment, and amended motion for entry of default; granting the defendant’s motion for summary judgment; and dismissing the case was assigned to the magistrate judge, not the district judge. Third, the judicial complaint asserts that the district judge “knowingly and intentionally committed a white-collar criminal act of ‘Mail Fraud’ when the district judge willfully stole, took, or abstracted by fraud and deception obtained the inmate’s appeal for the civil-rights action from the Clerk of the Court ‘s mailbox.” Finally, the judicial complaint contends that the district judge “committed intentional civil wrongdoing” by ordering the inmate to pay an initial partial filing fee and ordering the inmate’s institution to collect additional monthly payments from forwarding to the court.

The Judicial Council of the eight circuits initially dismissed this complaint for a reason that “to the extent that the judicial complaint’s allegations challenge the district judge’s orders, they must be dismissed as “directly related to the merits of a decision” or procedural ruling. Hence a petition for review was filed.

The filing states:

“A petition for review by the Judicial Council has been filed in this matter. Pursuant to Rule 8(b) of the Rules Governing Complaints of Judicial Misconduct and Disability, the petition has been referred to the Council’s Review Panel. The Review Panel consists of United States Circuit Judge Jane Kelly, United States District Judge Roberto A. Lange, United States District Judge Beth Phillips, United States District Judge D. P. Marshall, Jr., and United States District Judge Stephanie M. Rose.”

However, the Review Panel voted to deny the petition for review for the reasons stated in Chief Judge Lavenski R. Smith’s order of dismissal.

A copy of the original filing can be found here.