US judge acknowledges 'mistake' in speaking to politically affiliated club

By Nate Raymond

Dec 24 (Reuters) - A federal judge has acknowledged he violated judicial ethics rules by speaking before an unnamed "politically affiliated club" and has taken steps to ensure the presentations he gave were removed from the group's YouTube channel.

Chief U.S. Circuit Judge Jerome Holmes of the Denver-based 10th U.S. Circuit Court of Appeals did not identify the district court judge or club at issue in a June 4 decision made public in the last week dismissing a judicial misconduct complaint filed against the judge.

But Holmes said the judge had "voluntarily acknowledged his mistake, ensured the removal of his presentations from the club's YouTube channel, and notified the club that he would not present at future club meetings."

The 10th Circuit hears appeals arising from eight district courts in the states of Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming. Misconduct complaints against judges are filed with the 10th Circuit Judicial Council.

Public decisions in federal judicial misconduct cases rarely identify the subjects. The 10th Circuit had no immediate comment. The decision was first reported by the news outlet Colorado Politics.

In a complaint filed with the 10th Circuit, an unnamed self-represented litigant with a civil case before the district court judge accused him of discrimination based on his age, race, and pro se status.

The litigant also alleged that the judge had demonstrated a lack of impartiality by giving educational presentations to a politically affiliated club, which posted them to a YouTube channel, in violation of the Code of Conduct for U.S. Judges.

Holmes in his decision said the discrimination claims were completely unsupported.

But regarding the judge's presentations, Holmes said a review of the club's website and YouTube channel showed it was officially affiliated with a political party and that the judge had made presentations to it but without making comments that were political in nature.

Holmes noted the Code of Conduct barred judges from making speeches for a "political organization," which is defined as a group affiliated with a political party, or attending events sponsored by such groups.

Asked to respond to the allegations, the unnamed judge said political activity was not the club's "predominate" focus and said the invitation to speak to the club was a chance to acquaint its members with "judicial and legal" topics that were "not remotely political."

Holmes wrote that the judge at issue acknowledged he violated the code but said that he "had always viewed the term 'political organization' in a more conventional sense – i.e., a meeting of a political party – and not reaching an organization such as the one in question."