As news of Judge Alex Kozinski’s swift retirement in the face of sexual harassment allegations emerged on Monday morning, talk quickly turned to what his decision to step down will mean for the Ninth Circuit and the larger legal community, Law.com reported. One thing seemed readily apparent: Kozinski’s move mooted the formal disciplinary proceedings set into motion last week when Ninth Circuit chief Judge issued an order Dec. 14. Chief Justice John Roberts had referred that matter out to the Second Circuit for an inquiry headed up by Second Circuit Chief Judge Robert Katzmann. Arthur Hellman, an expert on the Ninth Circuit and the federal judiciary at the University of Pittsburgh School of Law, said Monday morning that since Kozinski had resigned, the statute that lays out that disciplinary framework for federal judges no longer applies to him. The special committee that was set to investigate Kozinski can’t impose any kind of discipline on him now that he’s left the judiciary.
