FILED
FOR PUBLICATION AUG 13 2013
MOLLY C. DWYER, CLERK
JUDICIAL COUNCIL U.S. COURT OF APPEALS
OF THE NINTH CIRCUIT
IN RE COMPLAINT OF No. 13-90073
JUDICIAL MISCONDUCT ORDER
KOZINSKI, Chief Judge:
Complainant has filed an Emergency Motion to Stay Proceedings Below
captioned as a motion in this misconduct proceeding. The misconduct complaint is
pending before me in my administrative capacity as presiding officer of the Judicial
Council of the Ninth Circuit. The Judicial Council is not a court and has no authority
to interfere with judicial proceedings. In re Complaint of Judicial Misconduct, 630
F.3d 1262 (9th Cir. Jud. Council 2011). Complainant cites 28 U.S.C. § 2106 but that
statute only applies to “court(s) of appellate jurisdiction,” which the Judicial Council
is not.
The emergency motion is denied. The misconduct complaint is held in
abeyance pending resolution of the appellate proceedings in the underlying litigation.
See Commentary to Judicial-Conduct Rule 3 (“[C]onsideration and disposition of a
complaint under these Rules may be properly deferred by a chief judge until appellate
page 2
proceedings are concluded … .”)
DENIED.