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D.C. federal judge’s retirement renders misconduct complaint moot, appeals court says D.C. federal judge’s retirement renders misconduct complaint moot, appeals court says
(about 1 hour later)
A misconduct complaint against chief U.S. District Judge Richard W. Roberts of the District has been dismissed as moot given his retirement last week, according to an order and memorandum released late Monday night by a federal appeals court.A misconduct complaint against chief U.S. District Judge Richard W. Roberts of the District has been dismissed as moot given his retirement last week, according to an order and memorandum released late Monday night by a federal appeals court.
The ruling by acting chief judge Karen L. Henderson of the U.S. Court of Appeals for the District of Columbia Circuit does not name the judge or describe the allegations but stated that the judge who is the subject of the complaint retired March 16.The ruling by acting chief judge Karen L. Henderson of the U.S. Court of Appeals for the District of Columbia Circuit does not name the judge or describe the allegations but stated that the judge who is the subject of the complaint retired March 16.
Roberts stepped down unexpectedly March 16, citing health reasons. That day, a lawsuit also was filed by a Utah woman who accuses Roberts of sexually assaulting her decades ago when she was a 16-year-old witness in a murder trial Roberts was prosecuting.Roberts stepped down unexpectedly March 16, citing health reasons. That day, a lawsuit also was filed by a Utah woman who accuses Roberts of sexually assaulting her decades ago when she was a 16-year-old witness in a murder trial Roberts was prosecuting.
Roberts’s attorneys have called the woman’s assertions “categorically false,” but said the judge did have an “intimate relationship” with the woman that was “entirely consensual” and occurred after the trial had ended.Roberts’s attorneys have called the woman’s assertions “categorically false,” but said the judge did have an “intimate relationship” with the woman that was “entirely consensual” and occurred after the trial had ended.
[Chief judge of District’s federal court retires after accusation of sexual assault][Chief judge of District’s federal court retires after accusation of sexual assault]
The office of Utah Attorney General Sean Reyes (R), which investigated the woman’s allegations, has previously released a formal ethics complaint dated March 7 that it lodged against Roberts with the appeals court.The office of Utah Attorney General Sean Reyes (R), which investigated the woman’s allegations, has previously released a formal ethics complaint dated March 7 that it lodged against Roberts with the appeals court.
Deputy Attorney General Sally Q. Yates confirmed Monday that the Justice Department’s Office of Professional Responsibility was referred a complaint about Roberts, a former employee, but declined further comment.
Separately, the court issued a statement Tuesday that appeals court Chief Judge Merrick Garland, whom President Obama nominated to the U.S. Supreme Court on March 16, had recused himself from reviewing the complaint against Roberts “because of his longstanding professional relationship with Judge Roberts.” Garland recused himself on March 11, the day the court received the complaint involving Roberts.Separately, the court issued a statement Tuesday that appeals court Chief Judge Merrick Garland, whom President Obama nominated to the U.S. Supreme Court on March 16, had recused himself from reviewing the complaint against Roberts “because of his longstanding professional relationship with Judge Roberts.” Garland recused himself on March 11, the day the court received the complaint involving Roberts.
As chief judge of the appeals court, Garland, by statute and judiciary branch ethics rules, is responsible for initially reviewing complaints against district judges under him.As chief judge of the appeals court, Garland, by statute and judiciary branch ethics rules, is responsible for initially reviewing complaints against district judges under him.
[President Obama nominates Merrick Garland to the Supreme Court][President Obama nominates Merrick Garland to the Supreme Court]
After Garland’s recusal, Henderson dismissed the complaint in an order and memorandum dated Friday, citing a provision that allows for events such as a judge’s retirement rendering action on a complaint moot because of the intervening events.After Garland’s recusal, Henderson dismissed the complaint in an order and memorandum dated Friday, citing a provision that allows for events such as a judge’s retirement rendering action on a complaint moot because of the intervening events.
The House Committee on Oversight and Government Reform, chaired by Rep. Jason Chaffetz (R-Utah), said it will continue looking into the Roberts matter, including how Garland and other judges handled it, although it did not expect to question Garland directly.
“We still have questions about the process,” committee spokeswoman M.J. Henshaw said. “The Committee seeks to better understand how these types of disturbing allegations are handled. The stakes are high when dealing with officials appointed for life.”