Some of the same remarks that GOP critics have relied on to stall Northern District Magistrate Judge Edward Chen’s nomination to an Article III slot have found their way into a formal judicial misconduct complaint against him.
The complaint became public -- sort of -- today when it was dismissed by Ninth Circuit U.S. Court of Appeals Chief Judge Alex Kozinski.
While the identities of accused judges typically remain secret -- as do the identities of the accusers -- it’s clear the judge in question is Chen. Kozinski quoted the complaint's reference to Chen's oft-cited post 9/11 remarks -- that he had a "sickening feeling" about "what might happen to race relations and religious tolerance" -- which have been used to paint him as unpatriotic. The misconduct complaint also accuses him of making a joke about a politician (President Bush?).
Kozinski was unmoved by the allegations that the comments violated any judicial code of conduct: “A judge does not check his First Amendment rights at the courthouse door, to be reclaimed at the expiration of his judicial tenure.”
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