In Re Complaint of Judicial Misconduct

I agree with the majority opinion that we should affirm the Chief Judge’s finding that the allegations of an inappropriate personal relationship are baseless. Indeed, the charges are not only baseless, but scurrilous and contemptible.

There remains, however, persuasive evidence of misconduct that has not been addressed by either the Chief Judge or the majority. The majority approaches this issue by finding that if any misconduct has been committed, it was corrected by (1) the finding in Canter that the district judge committed an abuse of discretion, In re Canter, 299 F.3d 1150, 1152 (9th Cir.…