Published : Wednesday, February 7, 2018 | 6:49 AM
The Judicial Council of the Second Circuit has dismissed a sexual harassment complaint filed against former U.S. Appeals Court Judge Alex Kozinski, after the Pasadena-based judge retired from his position in December.
In dismissing the complaint, the Judicial Council said Kozinski placed himself outside the parameters of the Judicial Conduct and Disability Act of 1980 when he retired “before even submitting a preliminary response to the complaint, thereby precluding any further investigation under the Act.”
“Because the Judicial Council is without statutory authority to do anything more, we must close this matter,” the Judicial Council wrote in a decision Monday.
The complaint against Kozinski was filed with the Judicial Council on December 14, 2017, about eight weeks ago. On December 18, the judge announced he was retiring effective immediately.
The Judicial Council said it conducted no investigation about the complaint and was not reaching a ruling about its merits. It did acknowledge that the allegations against Kozinski are serious.
“Given the seriousness of the conduct alleged, however, the Judicial Council acknowledges the importance of ensuring that governing bodies with clear jurisdiction are aware of the complaint,” the Council wrote. “Accordingly, the Judicial Council requests that the Committee on Judicial Conduct and Disability of the Judicial Conference of the United States forward a copy of this order to any relevant Congressional committees for their information, and that the Secretary of the Judicial Council forward a copy of this order to all other judicial councils.”
In December, a Washington Post story said six former clerks or junior staffers claimed Kozinski subjected them to inappropriate sexual conduct or comments. Other women soon came forward with similar complaints.
Kozinski, 67, is eligible for a $217,600 pension per year, a figure based on the standard appellate judge salary.