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Complaint of Judicial Misconduct, February 10, 2004
(It was a "Catch 22".)

by John Rasmussen

Please read a disclaimer for the statements I make on this website accusing judges, politicians and activists of criminal actions.



There is a "Catch 22" associated with Judicial Misconduct Complaints.

         In our judicial system there is no tolerance by judges to accept legal briefing which criticizes another judge. It's more than a waste of time for a lawyer to base an appeal on the misconduct or dishonesty of the lower court judge. A lawyer who publicly criticizes a judge faces the good possibility that he/she will be severely punished by the court, or disbarred. So, lawyers are careful to blame someone other than a judge in their appeal briefs. I realized that Federal District Judge Barbara Jacobs Rothstein was involved in the East Lake Sammamish federal tax fraud scheme at the time she issued her opinion, but on appeal my lawyer would not allow explicit statements describing the dishonesty of Rothstein's opinion, or statements tying the tax fraud scheme to her various conclusions. He did this to protect me from retaliation by the judges of the appeals court, and also to protect his career. It is important for me to state that these last two sentences express my opinion, and are not intended to reflect my lawyer's opinion or to describe any explicit statements he made to me.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

         So, if a party cannot describe judicial misconduct by the lower court judge in an appeals brief, how does one complain about criminal actions from the bench by the judge? The answer appears to be nowhere within the legal system. (Perhaps it can be done by establishing a website.) One might assume that criminal activity from the bench should be a logical subject of the judicial misconduct complaint process. But, if one reads the 2003 Ninth Circuit Rules Governing Complaints of Judicial Misconduct, hyperlinked below, one will find that complaints are not allowed based on issues appropriate for, or resolved by, the appeals process. So, a party's lawsuit is poisoned if a complaint of judicial misconduct is briefed in the appeal. But, a party's subsequent complaint of judicial misconduct is then dismissed because the issue was "directly related to the merits of a decision". That is exactly what happened to me with my complaint of judicial misconduct. It's a "Catch 22". (My regards to Joseph Heller) (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

      Understand how a lawyer friend of mine was punished for criticizing a federal judge.

Judicial Incest:

         My complaint of Ninth Circuit judicial misconduct was submitted to the Chief Judge of the Ninth Circuit Court, Judge Mary Schroeder. But, Judge Schroeder is chief judge of the appeals court which denied my constitutional right of due process with its denial of my appeal. Judge Schroeder was protecting herself and the fellow judges of her court with her dismissal of my complaint of judicial misconduct. The concept that the judges who have participated in judicial misconduct should have the right to "review" and dismiss complaints of judicial misconduct against themselves and their fellow judges is ridiculous. It's judicial incest. But, that's how it's done in our deficient and corrupt judicial system. "We-the-People" can no longer trust the judges of the Ninth Circuit to police themselves. Instead, starting at the top, the judges of the United States Supreme Court must take responsibility for the review of every complaint of judicial misconduct from the circuit courts immediately below. This requirement for a higher court to take responsibility for misconduct complaints from the courts immediately below must be applied to our judicial system from top to bottom. Without legitimate accountability, our federal and state courts will continue their present downward spiral into the judicial sewer.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

My 2004 Complaint of Judicial Misconduct

         My rights were destroyed in federal court with the opinions King County v. Rasmussen (2001) and King County v. Rasmussen (2002). After appeal was denied to the Ninth Circuit en banc, and denied by the United States Supreme Court, I filed the following Complaint of Judicial Misconduct.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

      John Rasmussen Complaint of Judicial Misconduct, February 10, 2004

         My complaint was dismissed by the Chief Judge of the Ninth Circuit, Mary Schroeder, on April 13, 2004. View the order issued by Judge Schroeder denying my complaint, below.

      Chief Judge Schroeder's dismissal of my Complaint of Judicial Misconduct.

         In her dismissal of my complaint, Judge Schroeder cited two elements of U.S. Code. I suspect that a strict interpretation of this language is the basis of dismissal of many complaints of judicial misconduct. View the federal code here:

      U.S. Code, Title 28, Part I, Chapter 16, 352 Review of complaint by chief judge

        (b) Action by Chief Judge Following Review.— After expeditiously reviewing a complaint under subsection (a), the chief judge, by written order stating his or her reasons, may—

          (1) dismiss the complaint—

            (A) if the chief judge finds the complaint to be—

              (ii) directly related to the merits of a decision or procedural ruling; or

              (iii) frivolous, lacking sufficient evidence to raise an inference that misconduct has occurred, or containing allegations which are incapable of being established through investigation;

The Rules:

         The federal law authorizing and establishing the administrative structure for complaints of judicial misconduct is U.S. Code, Title 28, Part 1, Chapter 16.

         The Circuit Courts publish the local rules for parties to make complaints of judicial misconduct. My complaint was made in early 2004. Please use the following link to view the local rules in the Ninth circuit at that time.

      2003 Ninth Circuit Rules Governing Complaints of Judicial Misconduct

         There is a newer version of the rules. These rules were published by the Judicial Conference of the United States and were adopted by the Ninth Circuit. Please use the following link to view the latest Ninth Circuit rules governing complaints of judicial misconduct.

      2008 Ninth Circuit Rules Governing Complaints of Judicial Misconduct

There is no commitment to the law by our judges.

         If Chief Judge Schroeder wanted to deal with the complete dishonesty of her fellow federal judges, there was adequate argument in my complaint of judicial misconduct to continue with the process. In my complaint, I admitted that there were elements related to the failure of the appeal process. But, I pointed out that Judge Rothstein had a responsibility to handover the evidence of the East Lake Sammamish federal tax fraud scheme to federal prosecutors, and that she failed in that duty. On appeal, Senior Ninth Circuit Judge Betty Binns Fletcher, and panel, reviewed the evidence of federal tax fraud and chose to protect Judge Rothstein by ignoring the elements of our appeal, essentially "rubber stamping" Rothstein's opinion. It is as if Rothstein wrote the appeals opinion. The district and appeals court judge's failure to handover the tax fraud evidence to federal prosecutors was not addressed in the appeal process. As I discuss above, judges punish parties who describe judicial misconduct in appeal briefs. If Judge Schroeder wanted to deal with the East Lake Sammamish federal tax fraud scheme, she would have accepted my complaint. It would appear that Judge Schroeder dismissed my complaint because she has no commitment to the law and the Constitution. She dismissed my complaint because she has a greater loyalty to her fellow Ninth Circuit judges than she has to the American people.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

      Understand how judges protect their fellow judges at the expense of the Constitution and the law.