Judge Alex Kozinski, Apologizing Amid Harassment Claims, Retires Immediately
Federal appeals judge Alex Kozinski, beset by allegations of sexual misconduct, on Monday announced his retirement effective immediately.
December 18, 2017 at 09:40 AM
4 minute read
Ninth Circuit Judge Alex Kozinski
Federal appeals judge Alex Kozinski, beset by allegations of sexual misconduct, on Monday announced his retirement effective immediately.
The Washington Post reported Friday evening that nine women, in addition to six who earlier lodged allegations against the longtime Ninth Circuit judge, accused him of making inappropriate comments. Four of the women claim he touched them inappropriately.
Those allegations followed action by Chief Justice John Roberts Jr. on Friday in which he transferred a complaint initiated by Ninth Circuit Chief Judge Sidney Thomas to the Second Circuit. The Judicial Council of the Second Circuit would have overseen the misconduct investigation.
In a statement released by his lawyer, Susan Estrich of Quinn Emanuel Urquhart & Sullivan, Kozinski said he “always had a broad sense of humor and a candid way of speaking to both male and female law clerks alike. In doing so, I may not have been mindful enough of the special challenges and pressures that women face in the workplace. It grieves me to learn that I caused any of my clerks to feel uncomfortable; this was never my intent. For this I sincerely apologize.”
Kozinski said family and friends had urged him to remain on the bench, at least long enough to defend himself from the sexual misconduct allegations.
“But I cannot be an effective judge and simultaneously fight this battle,” he said in the statement. “Nor would such a battle be good for my beloved federal judiciary. And so I am making the decision to retire, effective immediately.”
Kozinski was appointed to the appeals court in 1985 by President Ronald Reagan. He served as chief judge from November 2007 until December 2014.
Kozinski's full statement is posted below:
It has been an unparalleled honor to serve as a federal judge for more than thirty-five years. I firmly believe that a strong judiciary, free from political pressures, is vital to the preservation of this great nation. I found in this country, and in my work, opportunities and satisfaction that I never thought imaginable when I arrived here, at the age of 12, a refugee from Communism. I am grateful to my colleagues with whom I have had the privilege of serving, and to the countless hard-working lawyers who have appeared before me. I have learned so much from them all and will be forever grateful for their professionalism, intellectual rigor, and in many instances their steadfast friendship.
It has also been my privilege to help train the best and the brightest of several generations of new attorneys. I was made better by working with them. My clerks went on to stellar careers in law, business and academics. Their success has made me proud and I am gratified by the outpouring of support I have received privately from so many of them.
Still, I've always had a broad sense of humor and a candid way of speaking to both male and female law clerks alike. In doing so, I may not have been mindful enough of the special challenges and pressures that women face in the workplace. It grieves me to learn that I caused any of my clerks to feel uncomfortable; this was never my intent.
For this I sincerely apologize.
A couple of years ago, as I reached the age when several of my colleagues had decided to take senior status or retire, I began considering whether the time had come for me to move on as well. Family and friends have urged me to stay on, at least long enough to defend myself. But I cannot be an effective judge and simultaneously fight this battle. Nor would such a battle be good for my beloved federal judiciary. And so I am making the decision to retire, effective immediately.
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