Supreme Judge John G. Roberts Jr. has received more than a dozen court misconduct rulings against the Supreme Court candidate Brett M. Kavanaugh in recent weeks, but has decided For the time being, not to refer them to a judicial commission of inquiry.
A judge at the US Court of Appeals for the DC Circuit – the court serving Kavanaugh – sent a series of complaints to Roberts three weeks ago, according to four people who were familiar with the matter.
This judge, Karen LeCraft Henderson, had dismissed other lawsuits against Kavanaugh as reckless, but she concluded that some were so substantial that they should not be handled by Kavanaugh's other judges in the DC Circuit
In One Statement on Saturday, Henderson confirmed the complaints and said they focused on statements made by Kavanaugh during his Senate confirmation hearings.
According to the law, "any person may submit a miscarriage complaint to the federal circuit judge," she said in the statement. "The complaints do not relate to any conduct in which Judge Kavanaugh served as a judge, and the complaints only require inquiries into the public statements he made as a candidate for the Supreme Court of the United States."
The complaints were As Kavanaugh intensified his allegations that he had sexually assaulted a girl during the two years, they were at school. Kavanaugh has vehemently denied the allegations and two other allegations of inappropriate behavior.
The persons charged with the allegations claim that the allegations in the complaints – that Kavanaugh was dishonest and had no legal temperament in his Senate testimony – were already widely used in the Senate and in public space. Roberts saw no urgent need for a solution by the judiciary, while he further examined the incoming complaints.
The situation is highly unusual, said legal experts and several people familiar with the matter. Never before has a Supreme Court candidate been willing to join the court, while a court judge has recommended that a series of misconduct claims against this nominee justify a review.
Roberts & # 39; s decision not to refer the cases to another appeals court immediately has raised some concerns over the legal community. When Kavanaugh is confirmed, the legal experts say that the details of the complaints about the misconduct directed against him are not made public and are instead dismissed. Supreme Court judges are not subject to the rules governing these claims.
"When Justice Roberts sits on the complaints, they will reside in a kind of purgatory and never be condemned," said Stephen Gillers, a professor at New York University's Law School and an expert on ethics at the Supreme Court. "So the rules did not provide that the process would work."
It is expected that the Senate will vote in favor of Kavanaugh on Saturday afternoon.
Even if Roberts had referred the complaints, it might not have had any practical effects. A reference to another court of appeal could publish the complaints. But it typically takes months for a judicial jury to make a ruling on the accuracy of such misconduct, so that it could not be resolved if the Senate voted on Kavanaugh's nomination.
Roberts, an appointed President of President George W. Bush, has been hiring Kavanaugh employees for many years to work for him at the Supreme Court. Bush attributes to Kavanaugh in his book that he had selected Roberts for the Supreme Court when Kavanaugh was a White House lawyer.
Usually, allegations of allegations are confidential and only public when fully investigated and completed. Complaints are directed to Kavanaugh's responses to his work in the Bush administration, according to the people who are familiar with them. They accuse Kavanaugh in his partisan comments on Democrats, according to the people also that they have no legal temperament.
None of the complaints address the sexual assaults that endangered Kavanaugh's nomination when Christine Blesey Ford sexually commented on Kavanaugh last month. She teased them when they were teenagers.
It is rare for an action for misconduct against a judge to reach the Supreme Court. The chief judge of a district court usually reviews complaints against judges in their district. Most are dismissed because they lack a factual basis to make such an assertion, or when they simply disagree with a judge's decision.
Henderson, by President George H.W. Bush stepped in to review Kavanaugh's complaints because Chief Justice Merrick Garland – who was named President of the Supreme Court by President Barack Obama but was blocked by Senate republicans – withdrew from the affair.
How the lawsuits against Kavanaugh are treated with is unusual because Henderson has shut down the DC circuit can not properly handle the investigation, referring her to the main justice. This happens only in exceptional cases according to the rules of the court about misconduct.
Kavanaugh is a member of the Legal Committee of the DC Circuit, which usually decides on misconduct allegations in this court.