Over a dozen complain of judicial misconduct have been filed against recently sworn in US Supreme Court Associate Justice Brett Kavanaugh. John Roberts, Chief Justice of US Supreme Court has adverted all the allegations against Justice Brett Kavanaugh to outside judges for investigation as reported by Bret Baier, Fox News Personality on October tenth.
Judge Karen Lecraft Henderson, a DC circuit judge on the United States court of appeal and a George H.W. Bush nominee sent across nearly a dozen complains to Chief Justice John Roberts.These complaints were considered to have significant proof of judicial misconduct of Justice Brett Kavanaugh. There were also few complaints that Judge Karen Henderson rejected as she felt they had only trivial information. But all of these remarks were made on statements that Brett Kavanaugh made publicly during his confirmation hearing as a nominee for supreme court judge and not on his conduct when he served as circuit judge in the Colombia court of appeal.
The law states that any person can file a complain of judicial misconduct in the circuit court in which the accused judge exercises his judicial power. According to the Washington Post, Chief justice John Roberthad been receiving complaints from 20th September but he chose not to act on it as he felt there wasn’t any urgent need or the right time for the judicial branch to investigate though he continued reviewing the incoming complaints.Robert’s decision to not act immediately has raised questions of ethics and integrity among the legal community.Legal experts who are familiar in the matter consider it to be very odd as it has never happened before that a supreme court appoints nominee with allegations of judicial misconduct while a fellow judge recommends warrant review.
As Kavanaugh had served as judge in DC Circuit court of Appeal,Judges of tenth circuit Court of Appeal were requested to investigate on the complaints made on Kavanaughor else this would even raise more suspicions among the public and the legal community. Also this is the only way for Chief Justice Robert to rescue himself as the public are starting to question his indecisiveness when the complaint was first received.
The complaints were handed over only when the allegations of sexual assault on Kavanaugh intensified scrutiny among the public. But Kavanaugh had strongly denied those allegations. Kavanaugh’s lack of judicial temperament and dishonesty during his testimony in the Senate are argued widely by the public. This could also be one of the reason why Robert chose not to take any immediate action.
The details of the misconduct complaints are unknown. When asked about it, Kathleen Arberg Supreme Court spokeswoman refused to comment citing the judicial rule of confidentiality regarding the court proceedings. It is also debated that referring a case to another court makes it public but it would take months for the judicial panel to find the genuineness of the misconduct complaints. So even if Robert had acted as soon as he got the complaints, it would have had less effect.
Source 1: www.rawstory.com
Source 2: www.washingtonpost.com
