FILED JUDICIAL COUNCIL OF THE NINTH CIRCUIT IN RE COMPLAINT OF No. 17-90118 JUDICIAL MISCONDUCT ORDER DEC 14 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS THOMAS, Chief Judge: Under the Rules for Judicial Conduct and Judicial Disability Proceedings, when there is information constituting reasonable grounds for inquiry into whether a covered judge has engaged in judicial misconduct, the chief judge may conduct an inquiry into the accuracy of the information even if no related complaint has been filed. In the past, when incidents of alleged misconduct have been reported in an accredited media publication, we have identified a complaint and initiated an inquiry. Therefore, consistent with our past practice, and pursuant to 28 U.S.C. § 351(b) and Rule 5 of the Rules for Judicial Conduct and Judicial Disability Proceedings, and in the interest of the effective and expeditious administration of the business of the courts, a complaint is hereby identified against Circuit Judge Alex Kozinski. This complaint is based on allegations contained in a December 8, 2017, Washington Post article entitled “Prominent 9th Circuit Judge Accused of Sexual Misconduct” and any other related articles. page 2 To ensure confidence in the impartiality of any proceedings, and exceptional circumstances appearing, pursuant to Judicial Conduct Rule 26, I request that the Chief Justice of the United States transfer this complaint to the judicial council of another circuit for review and disposition. Any new complaints that may be filed relating to this matter are included in this request for transfer. Pursuant to Judicial Conduct Rule 23(a), this order is publicly disclosed in order to “maintain public confidence in the Judiciary’s ability to redress misconduct or disability.” All subsequent proceedings are subject to the usual confidentiality rules.