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Ninth Circuit Chief Judge:
U.S. District Court Judge’s Sixth-Month Delay in Deciding Motions Doesn’t Amount to Misconduct
By a MetNews Staff Writer
A District Court judge who took “slightly over six months” to decide motions to dismiss did not commit misconduct, Ninth U.S. Circuit Court of Appeals Chief Judge Mary H. Murguia said in an order filed yesterday.
She explained:
“The district judge shared with all parties the details of his significant caseload in an effort to explain why additional time was required to resolve the motions, and, in light of the exceedingly heavy caseload experienced throughout the district, slightly over six months is not unreasonable.”
Murguia added that absent an improper motive, “delay alone is not cognizable misconduct.”
Federal judges do not have a set time limit for deciding cases, unlike California jurists who are subject to a 90-day rule under Art. VI, §19 of the state Constitution.
The chief judge added:
“As to the allegation regarding whether the district judge ‘has a custom and practice of not promptly adjudicating matters.’ a review of the district judge’s record of pending matters reveals that there is no ‘habitual delay in a significant number of unrelated cases.’ Although federal courts strive to resolve pending matters expeditiously, delays do occur: thus, any allegation of habitual delay must be considered in the context of the workload of the subject judge and the district as a whole. After a review of the district judge’s record of pending matters, the workload of the district judge, as well as the workload of judges in the district, this allegation is dismissed as unfounded.”
Pursuant to a Judicial-Conduct rule, neither the judge not the complaining attorney was identified in the order.
The case is In re Complaint of Judicial Misconduct, 24-90080.
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