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OFFICE OF THE CIRCUIT EXECUTIVE
JUDICIAL COUNCIL OF THE FIRST CIRCUIT
J.W. McCORMACk POST OFFICE AND COURTHOUSE
Room 1425,
BOSTON, MA 02109
(617) 223-9613)
Facsimile (617) 223-4990
VINCENT F. FLANAGAN, CIRCUIT EXECUTIVE
SUSAN J. KRUEGER, ASSISTANT CIRCUIT EXECUTIVE
November 3, 1997
Mr. Alphonse Mourad
125 West Street
Hyde Park, MA 02136
Re: Complaint No. 243 Dear Mr. Mourad:
Enclosed is a copy of Chief Judge Torruella's Order disposing of your misconduct complaint. Pursuant to rule 4(f) of the Rules of tlie Judicial Council of the First Circuit Governing Complaints of Judicial Misconduct or Disability, 1 hereby notify you of your right to petition the Judicial Council for review of the enclosed disposition. Pursuant to rule 6(a) of the Rules of the Judicial Council of the First Circuit Governing Complaints of Judicial Misconduct or Disability, you have thirty days from the date of this letter to file your petition.
Susan J. Krueger
SJK:fp enclosure
CIRCUIT COUNCIL FOR THE FIRST CIRCUIT
IN RE--COMPLAINT NO. 243
Before
Torruella, Chief Judge
ORDER
Entered November 3, 1997
Complainant, a pro se litigant, has filed a complaint of misconduct under 28 U.S.C. § 372(c) against a bankruptcy judge in the First Circuit, in connection with a chapter 11 action. The chapter 11 action relates to a company which manages a low income housing development. Complainant is the president of the company which manages the development. This complaint was filed simultaneously with a complaint filed by a tenant in the housing development. On June 30, 1997, the Circuit Executive, on my behalf, requested that the bankruptcy judge respond to certain of ths allegations raised in the complaint. On June 13, 1997, I entered an Order of Investigation instructing the Circuit Executive's office to conduct a limited investigation of certain of the allegations raised in the complaint. Both inquiries have established that the bankruptcy judge did not engage in misconduct in violation of 28 U.S.C. § 372(c).
Complainant alleges that certain rulings made by the bankruptcy judge, relating to, among other things, the admission or exclusion of certain material evidence and the appointment of a trustee, were allegedly motivated by racial bias against complainant. Complainant supports these allegations by stating that several attorneys involved in the matter indicated that the bankruptcy judge is biased against and "dislikes" complainant. The Circuit Executive interviewed each of the three attorneys who complainant mentioned by name. Each of these individuals stated that they had never heard the bankruptcy judge indicate a dislike for complainant. Each asserted that they had absolutely no reason to believe that any of the judge's decisions or behavior in this matter were motivated by bias of any kind. Further, the bankruptcy iudae's resoonse and the record itself clearly establish that each of the decisions that was allegedly motivated by bias has legal and factual support. These allegations are lerefore dismissed as directly related to the merits of a decision or procedural ruling. 8 U.S.C. § 372(c)(3)(A)(ii).
Finally, complainant asserts that the bankruptcy judge demonstrated extremely oor temperament in handling this matter. Two of the three attorneys who were iterviewed indicated that the judge's temperament was no different from that of any ither judge before whom they had appeared. However, the third indicated that, ilthough the judge treated complainant no differently from anyone else, the judge reats everyone poorly. The judge maintains that the transcripts of hearings, the udge's orders, and the memoranda of the judge's decisions all illustrate the fact that hroughout the proceedings the judge's temperament has been quite even. The *ecord, on its face, reveals no evidence to the contrary. Because the weight of the svidence does not support them, I dismiss the allegations relating to poor temperament in this case as frivolous. 28 U.S.C. § 372(c)(3)(A)(iii). Nonetheless, Decause the issue of poor temperament was raised by the complainant and supported 3y the statements of one attorney involved in the case, I find it necessary to take some action. I will privately communicate to the judge the fact that the Judicial Council will not tolerate such behavior. A federal judge must exhibit behavior which reflects his or her standing as a judicial officer.
The allegations of the complaint relating to rulings made during the course of proceedings in this matter are dismissed as directly related to the merits of a decision or procedural ruling,
28 U.S.C. § 372(c)(3)(A)(ii). The remaining charges are dismissed as frivolous, 28 U.S.C. § 372(c)(3)(A)(iii).
Chief Judge Torruella