Statement by Chief Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit

May 3, 2013

Pursuant to the Judicial Conduct and Disability Act 28 U.S.C. § 351 et seq., in March 2012, I appointed a Special Committee to investigate complaints of judicial misconduct involving the transmittal of an email containing racially offensive content by then-U.S. District Judge Richard F. Cebull of the District of Montana.  In December 2012, following a thorough and extensive investigation of the complaint, the Special Committee submitted its report to the Judicial Council.  On March 15, 2013, the Judicial Council issued an Order and Memorandum pertaining to the matter.  Pursuant to Judicial Conduct Rules 22 and 24(a), the Order and Memorandum remained confidential during a 63-day appeal period, which was to have concluded on May 17, 2013.

On April 3, 2013, Judge Cebull announced that he would resign his judicial commission and retire from the federal bench.  His retirement became effective on May 3, 2013.  The Judicial Council now finds it necessary to review the procedural status and will consider the matter at its next regular meeting, scheduled for June 28, 2013.