Judicial panel rejects misconduct complaint against judges in Columbia law clerk boycott

In a letter, the judges called Columbia an 'incubator of bigotry'

Judicial panel rejects misconduct complaint against judges in Columbia law clerk boycott

A federal judicial panel has rejected a misconduct complaint against two judges who participated in a boycott of hiring law clerks from Columbia University due to the school's handling of pro-Palestinian student demonstrations.

The 11th circuit judicial council upheld chief US circuit judge William Pryor’s decision to dismiss the complaint against a US circuit court judge and a district court judge from Georgia, Reuters reported.

The complaint stemmed from a letter signed in May by 13 federal judges, including US circuit judge Elizabeth Branch and US district judge Tilman Self, in which they criticized Columbia University for allowing student protests regarding Israel’s war in Gaza. In their letter, the judges called Columbia an "incubator of bigotry" and expressed concerns about the handling of free speech and antisemitism on the campus. As a result, they declared that they would no longer hire law clerks from Columbia University, starting with students entering in 2024.

The complainant, who was not named, argued that the judges had engaged in inappropriate partisan behaviour by collectively punishing all students at Columbia for the actions of a few protesters. The complaint called for the removal of the judges from office, claiming their boycott undermined core principles of individuality and individual rights.

In response, Pryor defended the judges’ actions, stating that it is within a judge’s discretion to assess the educational background of law clerk applicants when determining their suitability for the role. He noted that judges are allowed to make reasonable evaluations about the quality of a school's program and how it aligns with their hiring preferences.

The complaint's dismissal follows a similar decision by the fifth circuit judicial council, which rejected a misconduct complaint against eight other judges involved in the boycott. Among those judges is US circuit judge James Ho, who has previously participated in similar boycotts against Yale and Stanford law schools due to disruptions of conservative speakers.

Separately, US district judge Daniel Traynor, another signatory of the letter, recently declined to recuse himself from a case involving Columbia Law School faculty and protests over the Dakota Access oil pipeline.

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