I believe that for some time now, the Ninth Circuit has published its disposition of all allegations of judicial misconduct. I understand (and applaud) the sentiment behind that decision. Shine the light on potential misconduct, make everyone confident that justice is being fairly dispensed, etc. Great.
But let me make a proposed amendment to the de facto principle of publication. One that makes a fair piece of sense (at least to me) and also may a couple of trees from needless early demise.
Today's opinion holds (among other things) that the judges don't have to recuse themselves from an adjudication if all of 'em are being sued and the underlying allegations are, as here, frivolous. A rule that totally makes sense.
I'd adopt a related amendment to the underlying publication rule. Let's not publish the disposition if the misconduct allegations are similarly, as here, totally and obviously frivolous.
We'll still post the disposition on the web. So we'll waste some pixels. But we won't deem the thing worthy of inclusion into a paper record designed to last centuries.
'Cause some things are just to patently silly that even though they merit a response, there's no need to put actual ink to physical paper.
Like here.
