On Wednesday, August 31, 2022, the United States Court of Appeals for the Fourth Circuit Judicial Council issued an Order restricting a complainant who has been filing multiple judicial complaints against several federal judges.

The case is styled as ‘In the Matter of Judicial Complaints Under 28 U.S.C. § 351’ with case numbers 04-22-90096(L) and 04-22-90107(L). 

According to the filing:

“Prior to July 18, 2022, complainant filed 35 judicial complaints under the Judicial Conduct and Disability Act, all of which were dismissed pursuant to 28 U.S.C.§352(b)(1)(A)(ii)and(iii), and complainant’s petitions for review to the Judicial Council were denied. Complainant was advised repeatedly that the filing of repetitive, harassing, or frivolous complaints could lead to the imposition of restrictions on further filings.”

The filing continues:

“On July 20, the Judicial Council ordered complainant to show cause within 30 days why his right to file further complaints should not be limited. Since that time, complainant has filed 36 new complaints. These complaints raise many of the same unsupported and merits-related claims presented in complainant’s prior complaints. None of his filings addresses the show cause order, and the time for his response to the order has now passed.”

The complainant’s judicial complaints have presented harassing, repetitive, and conclusory allegations. He had been ordered by the Judicial Council on July 20, 2022, to show cause why his right to file further complaints should not be limited, and yet he has continued to file unsupported claims of conspiracies and personal bias. The complainant continued to challenge the merit of the subject judges’ rulings and seek resentencing as a remedy to the alleged judicial misconduct. 

The restriction by the Judicial Council was pursuant to Rule 10a of the Rules for Judicial-Conduct and Judicial-Disability Proceedings which provides:

“A complainant who has filed repetitive, harassing, or frivolous complaints, or has otherwise abused the complaint procedure, may be restricted from filing further complaints. After giving the complainant an opportunity to show cause in writing why his or her right to file further complaints should not be limited, the judicial council may prohibit, restrict, or impose conditions on the complainant’s use of the complaint procedure. Upon written request of the complainant, the judicial council may revise or withdraw any prohibition, restriction, or condition previously imposed.”

Accordingly, the Judicial Council, in its Order, decreed:

“Complainant shall not file any new judicial complaints in this circuit without first obtaining leave to file from the Chief Judge. If a complaint is submitted without a motion for leave to file, the clerk will inform complainant that it will not be considered. If the Chief Judge denies leave to file, the clerk will notify complainant that leave to file has been denied. If the Chief Judge grants leave to file, the complaint will proceed in the normal course.

Any new judicial complaint for which leave to file is requested may not identify more than three judges as subjects of the complaint.

Any new judicial complaint for which leave to file is requested may not be submitted within six months of a previous motion for leave to file a judicial complaint.

IT IS SO ORDERED.”

A copy of the original filing can be found here.