New Dismissal of Kavanaugh Ethics Claims Divides 10th Circuit Panel
"I am left to conclude that the entire council should be disqualified from participating in consideration of the current petitions for review," Judge Mary Beck Briscoe wrote in her dissent.
March 15, 2019 at 02:24 PM
4 minute read
The Tenth Circuit Judicial Council on Friday denied 20 appeals of its earlier dismissal of misconduct complaints against now-Justice Brett Kavanaugh stemming from his nomination and confirmation to the U.S. Supreme Court.
The judicial council voted 6-1 to reaffirm its decision that an “intervening event”—Kavanaugh's elevation to the Supreme Court—deprived it of jurisdiction to review 83 ethics complaints filed before and after Kavanaugh's confirmation in October. Supreme Court justices are not governed by the conduct rules that govern federal trial and appeals judges.
“As explained extensively in the underlying order, a Supreme Court justice is not a covered judge,” the majority, including Chief Judge Timothy Tymkovich, said in its order Friday. “The lack of jurisdiction over Justice Kavanaugh precludes an investigative and fact-finding process, even over conduct allegedly committed while Justice Kavanaugh was a covered judge.”
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