Federal Judiciary

In Re Complaint of Judicial Misconduct (3rd Cir. - July 2, 2009)

By Shaun Martin

It's a light admonishment from the Third Circuit, and that -- plus the love that you can virtually feel come off the page from the report -- is pretty much everything that Chief Judge Kozinski could hope for in the process. Yes, he left some stuff on his computer he shouldn't have, but he realizes that now, and has been punished for his (minor) transgressions more than enough by the publicity and reputational hit alone. So sayeth the Third Circuit in 38 pages.

Chief Judge Kozinski did exactly the right things during the investigation, and today's result amply reflects that fact. Being forthcoming on the facts and saying mea culpa repeatedly is exactly what the Third Circuit wanted to hear in this one. And is exactly what Chief Judge Kozinski did. (Which doesn't necessarily come naturally when your first instinct is undoubtedly: "This is my private stuff. Get out of my life.")

All I have to say on the merits is that I shudder at the day when my life is subjected to anywhere near the scrutiny that Chief Judge Kozinski's has been on this one. Sure, it comes with the job, I know. But still. Yikes.

Full post as published by California Appellate Report on July 02, 2009 (boomark / email).