Legal Opinion

In Re Complaint of Judicial Misconduct

Court of Appeals for the Ninth Circuit

Decided May 25, 2011No. 11-90024PublishedCited by 2 opinions

1Opinion of the Court

ORDER

KOZINSKI, Chief Judge:

A pro se litigant alleges that a magistrate judge, to whom the case was referred for settlement proceedings, should have recused due to a conflict of interest. Allegations that a judge erred in failing to recuse are generally dismissed as merits-related. See 28 U.S.C. § 352(b)(1)(A)(ii); Judicial-Conduct Rule 11(c)(1)(B); In re Complaint of Judicial Misconduct, 579 F.3d 1062, 1064 (9th Cir.2009). “A failure to recuse may constitute misconduct only if the judge failed to recuse for an improper purpose.” In re Judicial Misconduct, 605 F.3d 1060, 1062 (9th Cir.2010).…

2Cases cited4 opinions

  1. In Re: County Of Los AngelesCourt of Appeals for the Ninth Circuit · 2000
  2. In Re Complaint of Judicial MisconductCourt of Appeals for the Ninth Circuit · 2009
  3. In Re Complaint of Judicial MisconductCourt of Appeals for the Ninth Circuit · 2009
  4. In Re Complaint of Judicial MisconductCourt of Appeals for the Ninth Circuit · 2010

3Cited by2 opinions

  1. Eric Drake v. Seana Willing, Texas Court of Appeals, 3rd District (Austin)2015
  2. Eric Drake v. Seana Willing, Texas Court of Appeals, 3rd District (Austin)2015

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