Judicial Misconduct Complaint Against Judges Kevin S.C. Chang and David A. Ezra

COMPLAINT FORM

JUDICIAL COUNCIL OF THE NINTH CIRCUIT

COMPLAINT OF JUDICIAL MISCONDUCT AND DISABILITY

MAIL THIS FORM TO THE CLERK, UNITED STATES COURT OF APPEALS, P.O. BOX 193939, SAN FRANCISCO, CA 94119-3939. MARK THE ENVELOPE "JUDICIAL MISCONDUCT COMPLAINT" OR "JUDICIAL DISABILITY COMPLAINT." DO NOT PUT THE NAME OF THE JUDGE ON THE ENVELOPE.

SEE RULE 2(e) FOR THE NUMBER OF COPIES REQUIRED FOR FILING.

1. Complainant's name: Bobby N. Harmon

Address: REDACTED

Daytime telephone: REDACTED

2. Name of judge complained about: Kevin S.C. Chang and David A. Ezra

Court: U.S. District Court, District of Hawaii

3. Does this complaint concern the behavior of the judge in a particular lawsuit or lawsuits?
■ Yes 9 No

If "yes" give the following information about each lawsuit (use reverse side if there is more than one):

Court: U.S. District Court, District of Hawaii

Docket Number: Civil No 05-00030 DAE-KSC

Are (were) you a party or lawyer in the lawsuit? ■ Party 9 Lawyer 9 Neither

If a party, give the name, address, and telephone number of your lawyer:

None.

Docket numbers of any appeals to the Ninth Circuit:

4. Have you filed any lawsuits against the judge? 9 Yes ■ No

If yes, give the following information about each lawsuit (use the reverse side if there is more than one):

Court:

Present status of suit:

Name, address, and telephone number of your lawyer:

Court to which any appeal has been taken:

Docket number of the appeal:

Present status of appeal:

5. Statement of Facts: On separate sheets of paper, not larger than the paper this form is printed on, describe the facts and evidence that support your charges of misconduct or disability. See Rules 1(c) (proper grounds for a complaint; does not include merits of judges’ decisions), 2(b) (content of the statement of facts) and 2(d) (attachment of supporting materials). Do not use more than 5 pages (5 sides). Most complaints do not require that much.

6. Please sign and date this form.

I declare under penalty of perjury that I have read rules 1 and 2 of the
Rules of the Judicial Council of the Ninth Circuit Governing Complaints of Judicial Misconduct or Disability, and the statements made in this complaint are true and correct to the best of my knowledge.

_____________________________________
(Signature)

Executed on MAY 16, 2005
(Date)

MARY LOU WOO vs. BOBBY N. HARMON

CV05-00030 DAE-KSC

STATEMENT OF FACTS

This is to report to the Judicial Commission what appears to be judicial misconduct in the referenced civil case by Judges Kevin S. Chang and David A. Ezra.

First, both judges have extreme conflicts of interests in this case as described in my letter dated February 14, 2005, addressed to U.S. District Court Clerk, Walter Chinn, (Exhibit A), and as described in my Scheduling Conference Statement (Exhibit B). Judge Chang was the presiding judge in EQ2048, and was the judge who appointed the Kamehameha Schools trustees (Exhibit C) who are also witnesses in the instant case. Defendant has also made formal claims against these same trustees for tax fraud, racketeering, money-laundering, and obstruction of justice in EQ2048 and other cases.

Second, Judge Kevin Chang did not fairly act upon the arguments in Defendant’s Scheduling Conference Statement regarding the fact that the Plaintiff had failed to comply with the Order Setting Rule 16 Scheduling Conference, in that a meeting between the parties was not conducted at least 21 days prior to the Scheduling Conference. In fact, no pre-conference meeting was conducted.

Third, in his RULE 16 SCHEDULING ORDER, dated April 11, 2005 (Exhibit D), Judge Chang has ordered that a NON-JURY trial in this matter will commence before the Honorable David Alan Ezra, on April 11, 2006. This Order goes against my Demand for TRIAL BY JURY, and violates my Seventh Amendment Constitutional rights.

As stated in the Preamble of the Revised Code of Judiciary Conduct:

Our legal system is based on the principle that an independent, fair and competent judiciary will interpret and apply the laws that govern us. The role of the judiciary is central to American concepts of justice and the rule of law. Intrinsic to all sections of this Code are the precepts that judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to enhance and maintain confidence in our legal system....

In the Revised Code of Judicial Conduct, the Commentary under Canon 1 reads:

Deference to the judgments and rulings of courts depends upon public confidence in the integrity and independence of judges. The integrity and independence of judges depends in turn upon their acting without fear or favor. Although judges should be independent, they must comply with the law, including the provisions of this Code. Public confidence in the impartiality of the judiciary is maintained by the adherence of each judge to this responsibility. Conversely, violation of this Code diminishes public confidence in the judiciary and thereby does injury to the system of government under law.

Canon 3 reads, in part:

A JUDGE SHALL PERFORM THE DUTIES OF JUDICIAL OFFICE
IMPARTIALLY AND DILIGENTLY

E. Disqualification.

(1) A judge shall disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned, including but not limited to instances where:...

(d) the judge or the judge’s spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person:...

(iv) is to the judge’s knowledge likely to be a material witness in the proceeding....

Under the unusual circumstances of this case, it is possible that both judges Kevin S. Chang and David A. Ezra may be called as material witnesses for the Defendant.

It is for these reasons that I hereby respectfully ask the Judicial Commission to take prompt and appropriate action to disqualify both Kevin S. Chang and David A. Ezra as judges in the referenced civil action.

SIGNED AT LAS VEGAS, NEVADA, MAY 16, 2005.

SIGNED_________________________________

Bobby N. Harmon

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