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Threatening Lawyer With Disbarment Wasn’t Judicial Misconduct, Murguia Declares
But Unnamed Judge Is Reminded of Need for Courtesy
By a MetNews Staff Writer
A U.S. District Court judge who, according to a complaint filed by an attorney, made “abusive and unbecoming” comments to him and threatened to “disbar” him, has received a private finger-wagging from Ninth U.S. Circuit Court of Appeals Chief Judge Mary H. Murguia based on his rudeness but said the behavior did not constitute “misconduct.”
Misconduct, she noted, occurs when a judge “has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts.”
The order was filed Thursday. Murguia reported that “a limited inquiry was conducted” that included seeking a written statement from the unnamed judge, and said it was confirmed that the “judge suggested that he would take action to ensure the attorney no longer practiced law.”
Canon Cited
She wrote that “[a]lthough judges may not inappropriately wield their influence to have an attorney disbarred,” Canon 3(B)(6) of the Code of Conduct for United States Judges says that judges “should take appropriate action upon receipt of reliable information…that a lawyer violated applicable rules of professional conduct.”
Murguia remarked: “This attorney’s conduct warranted referral to the relevant disciplinary body. Indeed, the state bar subsequently disciplined the attorney for his conduct in this case. In this context, the judge’s comments did not constitute misconduct.”
Allegation Dismissed
The chief judge continued:
“Although some of the district judge’s comments were not expressed in a professional manner, a review of the record reveals that the district judge’s treatment of the attorney was not demonstrably egregious and hostile, as required for a finding of misconduct under the Judicial Conduct and Disability Act. One brief exchange, following a long line of unprofessional and shocking conduct by the attorney, did not interfere with the effective and expeditious administration of the business of the courts. Accordingly, this allegation is dismissed.”
However, she added, citing Canon 3(A)(3):
“That said, the district judge is reminded that a ‘judge should be patient, dignified, respectful, and courteous to litigants, jurors, witnesses, lawyers, and others with whom the judge deals in an official capacity.’ ”
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