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onenote

(45,963 posts)
60. You miss the point. The rule is intended to save the court from having to process and consider duplicative complaints.
Mon Jun 3, 2024, 02:58 PM
Jun 2024

To the extent there are complaints that raise substantially similar claims but are not part of the orchestrated complaint, the court has indicated it is considering those complaints and has rejected them because they are at odds with the rules stating that complaints based on the substance of a judge's rulings, including complaints about delay in a single case, are not merits based grounds for finding judicial misconduct. The remedy for merits based challenges are for the other party to bring an appeal.

https://www.ca11.uscourts.gov/sites/default/files/courtdocs/clk/GeneralOrder2024-J.pdfHere are the relevant portions of the ruling:

"Many of the complaints against Judge Cannon request that the Chief Circuit Judge remove her from the classified-documents case and reassign the case to a different judge. But neither the Chief Circuit Judge nor the Judicial Council has the authority to take this action under the Rules for Judicial-Condu ct and Judicial-Disability Proceedings. See Judicial-Conduct Rule 11 (Chief Judge’s Review); Judicial-Conduct Rule 19 (Judicial-Council Disposition of Petition for Review); Judicial-Conduct Rule 20 (Judicial-Council Action Following Appointment of Special Committee).Many of the complaints against Judge Cannon also question the correctness of her rulings or her delays in issuing rulings in the case. But judicial-Conduct Rule 4(b)(1) provides that "[cjognizable misconduct does not include an allegation that calls into question the correctness of a judge’sruling, including a failure to recuse.” And judicial Conduct Rule 4(b)(2) provides that cognizable misconduct does not include allegation about delay in rendering a decision or ruling, unless the allegation concerns an improper motive in delaying a particular decision or habitual delay in a significant number of unrelated cases.” The “Commentary on Rule 4” states that “a complaint of delay in a single case is excluded as merits-related.” Although many of the complaints allege an improper motive in delaying the case, the allegations are speculative and unsupported by any evidence. The Complaints also do not establish that Judge Cannon was required to recuse herself from the case because she was appointed by then- President Trump. See Straw v. United States, 4 F.4th 1358, 1363 (Fed. Cir. 2021) (“There is no support whatsoever for the contention that a Judge can be disqualified based simply on the identity of the President who appointed him.”)."

"Orchestrated Complaints. When many essentially identical complaints from different complainants are received and appear to be part of an orchestrated campaign, the chiefJudge may recommend that theJudicial council issue a written order instructing the circuit clerk to accept only a certain number of such complaints for filing and to refuse to accept additional complaints....Because the orchestrated complaints received on and after May 16 raise allegations that have been or will be considered in previously filed complaints against Judge Cannon for filing nd processing would not provide any benefit to the adjudication of the merits of the allegations against Judge Cannon.

Recommendations

1 members have recommended this reply (displayed in chronological order):

They protect their own ilovegamers43 Jun 2024 #1
The fix is in. Irish_Dem Jun 2024 #2
Yes. BlueKota Jun 2024 #54
Bet we will know about this Judge William Pryor soon. OAITW r.2.0 Jun 2024 #3
"Complaints"... appmanga Jun 2024 #4
Welcome to DU orangecrush Jun 2024 #37
An appeal to the next level. This ain't over. marble falls Jun 2024 #5
What is the "next level"? onenote Jun 2024 #7
Here's what I'm thinking... agingdem Jun 2024 #57
It won't matter anyway when the right wingers on the supreme court hand trump immunity mucifer Jun 2024 #6
They can't. Due to someone else being President right now. Traurigkeit Jun 2024 #13
They'll find a way to make it apply only to Trump. NYC Liberal Jun 2024 #15
That will give a template for Dark Brandon Traurigkeit Jun 2024 #17
I know I shouldn't say I told you so, but -- I told you so. onenote Jun 2024 #8
A public campaign of complaints is different from a judge's third reversed error, which might yet occur. . . nt Bernardo de La Paz Jun 2024 #9
Not by much FBaggins Jun 2024 #23
Sure. But Loose Cannon has been reversed twice in this case already, if my recollection is good. . . . nt Bernardo de La Paz Jun 2024 #28
There is no "three strikes and your out" rule for judges. onenote Jun 2024 #35
It's not a rule, and no precise tipping point. Not even Cannon knows, but she knows she's on thin ice in this case. . nt Bernardo de La Paz Jun 2024 #39
That's wishful thinking I'm afraid FBaggins Jun 2024 #41
You are more likely right than not. . . . . nt Bernardo de La Paz Jun 2024 #43
Bush lite appointee from 2005. AZLD4Candidate Jun 2024 #10
As it should with these "orchestrated campaigns" PSPS Jun 2024 #11
The Wikipedia Page On Pryor (He Is A Real Doozy) DallasNE Jun 2024 #12
JFC. Thank you for posting this. I am going to go throw up now. niyad Jun 2024 #16
Jeebus orangecrush Jun 2024 #38
Oh, brother. As if it's not obvious what Loose Cannon is doing. brush Jun 2024 #14
Looks like the whole circuit is in on the fix. slightlv Jun 2024 #18
Or maybe the 11th circuit likes following its rules. onenote Jun 2024 #51
This is in response to complaints from a public write-in campaign, Qutzupalotl Jun 2024 #19
Same...it just has to be a majority on an appeal like this right? Not every single judge? PortTack Jun 2024 #20
Yes... but it's a fairly red circuit and he's the chief FBaggins Jun 2024 #24
I'm not surprised that didn't work. ShazzieB Jun 2024 #21
My appreciation to those involved in this so-called orchestrated campaign BaronChocula Jun 2024 #22
So called? FBaggins Jun 2024 #26
The participants in this orchestrated campaign were misled by Glenn Kirschner. onenote Jun 2024 #31
It wouldn't be the first time FBaggins Jun 2024 #34
That in no way is a legitimate reason to turn it down rather they should be looking at the facts of the complaint itself. cstanleytech Jun 2024 #25
So you expect the court to ignore the clearly stated rules regarding such complaints? onenote Jun 2024 #50
Why should orchestrating invalidate legitimate facts? cstanleytech Jun 2024 #59
You miss the point. The rule is intended to save the court from having to process and consider duplicative complaints. onenote Jun 2024 #60
Ahh so essentially it's that it's a duplicate of something else that is already been filed or that was already decided. cstanleytech Jun 2024 #61
Pryor. I should have known. no_hypocrisy Jun 2024 #27
The source is "Fox News". "msn" is just the aggregator. nt sl8 Jun 2024 #29
So? FBaggins Jun 2024 #40
That's fine, but it's still incorrect to identify the source as "msn". sl8 Jun 2024 #42
I always thought that you had to put down whatever the link says Polybius Jun 2024 #46
Why do you think that? sl8 Jun 2024 #53
The courts and the judgeships are the right's firewall against the rule of law and the majority. Botany Jun 2024 #30
"Judge Aileen Cannon was the target of more than 1,000 complaints in a single week last month" Novara Jun 2024 #32
I wonder if anyone actually wants to read the judge's order before commenting. onenote Jun 2024 #33
wow rw extremists can scream and yell et tu Jun 2024 #36
Another Maga EllenD Jun 2024 #44
More like a Baga Polybius Jun 2024 #47
What part of his ruling is inconsistent with the clearly stated rules regarding petitions alleging misconduct? onenote Jun 2024 #48
And the DOJ filed the case in Florida because there may have been delays in DC. republianmushroom Jun 2024 #45
Every one of the counts in the indictment has a nexus to Florida onenote Jun 2024 #49
Sshhh, don't spoil the anti-Garland crowd's indignation AZSkiffyGeek Jun 2024 #52
And for the Garland cheer leaders republianmushroom Jun 2024 #58
Dub post republianmushroom Jun 2024 #62
Rulings highlight how Trump's classified documents case could have gone differently republianmushroom Jun 2024 #63
This message was self-deleted by its author Scrivener7 Jun 2024 #55
As long as Smith still has a right to ask to get her BlueKota Jun 2024 #56
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