FOR PUBLICATION

JUDICIAL COUNCIL

OF THE NINTH CIRCUIT

IN RE COMPLAINT OF JUDICIAL

MISCONDUCT

Nos. 16-90034

16-90058

ORDER

Filed July 14, 2016

ORDER

THOMAS, Chief Judge:

Complainant, an attorneyin disbarment proceedings,filed

a civil suit against the state’s bar association. She alleges that

two district judges who made rulings in that case should have

recused themselves. This allegation is merits-related and

must be dismissed. See 28 U.S.C. § 352(b)(1)(A)(ii);

Judicial-Conduct Rule 11(c)(1)(B); In re Complaint of

Judicial Misconduct, 579 F.3d 1062, 1064 (9th Cir. Jud.

Council 2009); Implementation of the Judicial Conduct and

Disability Act of 1980: A Report to the Chief Justice 146

(2006). An allegation that a judge presided in a case knowing

he is subject to a material conflict of interest or intending to

favor one party on grounds unrelated to the merits may

present a viable claim of judicial misconduct. See id. But to

state such a claim, a complainant would have to provide

convincing proof that the judge was aware of a material

conflict or was acting with a corrupt motive.
2 IN RE COMPLAINT OF JUDICIAL MISCONDUCT

The evidence that complainant presents does not suffice. 

Complainant claims that the two subject judges are biased in

favor of the bar and have a conflict of interest because they

are members of the state’s bar association, have served on bar

boards or committees, and have taught CLE sessions for the

bar or sat on a CLE panel with one or more of the 50-plus

defendants named in complainant’s suit. Complainant filed

motions to disqualify in the underlying case, raising the same

concerns, and those motions were denied.

The Code of Conduct for United States Judges, Canon

4(A), provides that “a judge may speak, write, lecture, teach,

and participate in other activities concerning the law,” and

“may participate in and serve as a member, officer, director,

trustee, or nonlegal advisor of a nonprofit organization

devoted to the law.” “As a judicial officer and a person

specially learned in the law, a judge is in a unique position to

contribute to the law...[and] is encouraged to do so, either

independently or through a bar association, judicial

conference, or other organization dedicated to the law.” Code

of Conduct for United States Judges, Commentary to Canon

4; see also Comm. on Codes of Conduct, Advisory Opinion

No. 34 (“a judge may properly serve as an officer or member

of a board, council or committee of a bar association, subject

to the restrictions set forth in Canon 4”). It is not evidence of

misconduct that the subject judges are members of the bar

and have served on bar committees or as CLE panelists.

Further, complainant offers no evidence to support her

allegation that the judges are biased because they have

personal friendships with the defendants. See In re

Complaint of Judicial Misconduct, 687 F.3d 1188 (9th Cir.

Jud. Council 2012) (“adverse rulings alone do not constitute

proof of bias”). Accordingly, these allegations of misconduct
IN RE COMPLAINT OF JUDICIAL MISCONDUCT 3

based on bias or conflicts of interest are dismissed for failure

to raise an inference of misconduct. See 28 U.S.C.

§ 352(b)(1)(A)(iii); In re Complaint of Judicial Misconduct,

650 F.3d 1370, 1371 (9th Cir. Jud. Council 2011); JudicialConduct Rule 11(c)(1)(D).

DISMISSED.