Alex Kozinski

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Alex Kozinski
Image of Alex Kozinski

Nonpartisan

Prior offices
United States Court of Appeals for the 9th Circuit

Education

Bachelor's

University of California, Los Angeles, 1972

Law

UCLA School of Law, 1975


Alex Kozinski was a federal judge on the United States Court of Appeals for the 9th Circuit from 1985 to 2017. He was nominated by President Ronald Reagan (R) on June 5, 1985, and received his commission on November 7, 1985. Kozinski retired from the court on December 18, 2017. He served as chief judge of the court from 2007 to 2014.[1]

On December 14, Ninth Circuit Chief Judge Sidney Thomas began a review of the misconduct allegations against Kozinski. Kozinski announced his immediate retirement on December 18, 2017.[2]

Early life and education

A native of Bucharest, Romania, Kozinski received his bachelor's degree from UCLA in 1972 and his J.D. from the University of California, Los Angeles, School of Law in 1975.[1]

Professional career

  • 2007-2014: Chief judge

Judicial nominations and appointments

Ninth Circuit Court of Appeals

Nomination Tracker
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Nominee Information
Name: Alex Kozinski
Court: United States Court of Appeals for the 9th Circuit
Progress
Confirmed 155 days after nomination.
ApprovedANominated: June 5, 1985
DefeatedAABA Rating:
Questionnaire:
ApprovedAHearing: July 17, 1985
QFRs: (Hover over QFRs to read more)
ApprovedAReported: September 12, 1985 
ApprovedAConfirmed: November 7, 1985
ApprovedAVote: 54-43


On June 5, 1985, Kozinski was nominated by President Ronald Reagan (R) to a new seat on the United States Court of Appeals for the 9th Circuit created by 98 Stat. 333. Hearings on Kozinski's nomination were held before the United States Senate Committee on the Judiciary on July 17, 1985, and his nomination was reported on September 12, 1985. Kozinski was confirmed on a 54-43 recorded vote of the U.S. Senate on November 7, 1985, and he received his commission the same day. At age 35, Kozinski's appointment made him the youngest federal appeals court judge in the country.

From November 30, 2007, to November 30, 2014, Kozinski served as chief judge of the Ninth Circuit.[1][3][4][5]

U.S. Court of Federal Claims

Kozinski was nominated by President Ronald Reagan (R) to a new seat on the United States Court of Federal Claims created by 96 Stat. 27 on August 10, 1982. Hearings on Kozinski's nomination were held before the Senate Judiciary Committee on August 18, 1982, and his nomination was reported by U.S. Sen. Strom Thurmond (R-S.C.) on August 20, 1982. Kozinski was confirmed by the unanimous consent of the U.S. Senate to a fifteen-year term on the court on August 20, 1982, and Kozinski received his commission on October 1, 1982. Kozinski served as chief judge of the court from 1982 to 1985. He resigned his seat on February 9, 1985, upon his elevation to the Ninth Circuit. He was succeeded in this position by Judge Marian Blank Horn.[1][6]

Noteworthy cases

Lethal injection as a method of execution (2014)
See also: United States Court of Appeals for the 9th Circuit (Wood v. Ryan, 14-16310)

In 2014, a Ninth Circuit panel granted a stay of execution to convicted murderer Joseph Wood, who was seeking, under the First Amendment, more information about the drugs to be used in his execution. When the en banc court upheld the stay, Kozinski dissented and argued that executions are brutal events, regardless of the methods used. "Using drugs meant for individuals with medical needs to carry out executions is a misguided effort to mask the brutality of executions by making them look serene and peaceful," he wrote. Kozinksi then recommended a firing squad as an alternative, writing, "If we as a society want to carry out executions, we should be willing to face the fact that the state is committing a horrendous brutality on our behalf. If some states and the federal government wish to continue carrying out the death penalty, they must turn away from this misguided path and return to more primitive—and foolproof—methods of execution."[7]

Gay conversion therapy ban is constitutional (2013)
See also: United States Court of Appeals for the 9th Circuit (Pickup v. Brown, No. 12-17681)

Judge Kozinski was a member of a three judge panel that ruled on the constitutionality of a ban on gay conversion therapy in California. The other two members of the panel were Susan Graber, who wrote the opinion, and Morgan Christen. The suit, which was brought by David Pickup on behalf of the National Association for Research and Therapy of Homosexuality, was a challenge of a California law that banned gay conversion therapy. They claimed that the law was unconstitutional because it violated the therapist's First Amendment right of free speech. The panel ruled the law was constitutional because therapy and psychology are a state regulated practice, therefore speech, as treatment, is not constitutionally protected.[8]

MLB steriods case (2009)
See also: United States Court of Appeals for the 9th Circuit

On September 2, 2009, Judge Kozinski ordered the preservation of evidence that proved 104 Major League Baseball players tested positive for steroids in 2003. The ruling came after the Ninth Circuit Court of Appeals ruled that federal agents incorrectly seized information on 104 players when the warrant authorized that only authorities could get information on 10 players.[9]

Ira Isaacs mistrial (2008)
See also: United States Court of Appeals for the 9th Circuit

In June 2008, Judge Kozinski declared a mistrial and then recused himself from a case involving filmmaker Ira Isaacs. Isaacs was charged with breaking U.S. obscenity laws by distributing pornographic movies that depict extreme fetishes.

During the trial, it was discovered by the Associated Press that Judge Kozinski had sexually explicit material on his personal website. After the website was made public, the judge said that the videos were posted by his son in a statement. Furthermore, Kozinski blocked public access to the site.[10]

In 2009, Judge Kozinski was cleared of judicial misconduct after receiving an admonishment.[11]

Noteworthy events

Reitrement following sexual misconduct allegations (2017)

See also: Sexual assault and harassment in American politics (2017-2018)

On December 18, 2017, Kozinski announced that he would retire from his position on the court. In a statement, he said that he "had a broad sense of humor and a candid way of speaking to both male and female law clerks alike,” and that he "may not have been mindful enough of the special challenges and pressures that women face in the workplace.” He added, “It grieves me to learn that I caused any of my clerks to feel uncomfortable; this was never my intent.[12]

On December 8, The Washington Post reported that six women who previously served as clerks or externs in the Ninth Circuit alleged that Kozinski had engaged in inappropriate sexual conduct, including making comments with sexual overtones and showing them pornography on his computer. Kozinski responded to the allegations in a statement, saying, "I would never intentionally do anything to offend anyone and it is regrettable that a handful have been offended by something I may have said or done.”[13]

On December 14, Ninth Circuit Chief Judge Sidney Thomas began a review of the misconduct allegations against Kozinski that were originally reported by the Washington Post. He also asked that U.S. Supreme Court Chief Justice John Roberts assign the Kozinski complaint to a different judicial circuit.[14]

On December 15, The Washington Post reported that nine more women said Kozinski "subjected them to sexual comments or other conduct, including four who say he touched them inappropriately." The December 15 allegations brought the total number of women accusing Kozinski of acting inappropriately to at least 15.[15]

On February 5, 2018, the judicial council in charge of the review of the misconduct allegations against Kozinski announced that the investigation had been closed because the council no longer had jurisdiction to investigate the allegations. In a four-page order, the council wrote, "Because Alex Kozinski has resigned the office of circuit judge, and can no longer perform any judicial duties, he does not fall within the scope of persons who can be investigated under the [Judicial Conduct and Disability] Act."[16]

In 2009, Kozinski was investigated by a judicial panel and admonished for maintaining a public internet server with sexually explicit photos and videos. He issued an apology and no further action was taken.[17]

See also

External links


Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 Federal Judicial Center, "Biographical directory of federal judges," accessed June 22, 2016
  2. ↑ Washington Post, "Federal appeals judge announces immediate retirement amid investigation prompted by multiple accusations of sexual misconduct," December 18, 2017
  3. ↑ United States Congress, "PN 332 - Alex Kozinski - The Judiciary," accessed June 22, 2016
  4. ↑ United States Courts for the Ninth Circuit Public Information Office, "Press Release: Gavel Passing to Mark Changing of the Guard for Ninth Circuit Court of Appeals," November 23, 2007
  5. ↑ SFGate.com, "Sidney Thomas becomes chief judge of Ninth U.S. Circuit Court," November 30, 2014
  6. ↑ United States Congress, "PN 1312 - Alex Kozinski - The Judiciary," accessed June 22, 2016
  7. ↑ The Washington Post, "Arizona execution lasts nearly two hours; lawyer says Joseph Wood was ‘gasping and struggling to breathe,'" July 23, 2014
  8. ↑ Court House News, "Gay Conversion Therapy Shot Down by 9th Circuit," August 29, 2013
  9. ↑ "MLB.com" Federal judge orders preservation of list, September 2, 2009
  10. ↑ The Los Angeles Times, "U.S. judge in obscenity trial steps down," June 14, 2008
  11. ↑ The Guardian, "Peers admonishment federal judge over Web sex files," July 2, 2009
  12. ↑ Washington Post, "Federal appeals judge announces immediate retirement amid investigation prompted by accusations of sexual misconduct," December 18, 2017
  13. ↑ The Washington Post, "Prominent appeals court Judge Alex Kozinski accused of sexual misconduct," December 8, 2017
  14. ↑ Washington Post, "Chief judge initiates review of allegations against Alex Kozinski," December 14, 2017
  15. ↑ The Washington Post, "Nine more women say judge subjected them to inappropriate behavior, including four who say he touched or kissed them," December 15, 2017
  16. ↑ Judicial Council of the Second Circuit, "In re Complaint of Judicial Misconduct," February 5, 2018
  17. ↑ The Los Angeles Times, "Judge Alex Kozinski admonished for posting sexually explicit material," July 2, 2009
Political offices
Preceded by:
NA - new seat
98 Stat. 353 		Ninth Circuit Court of Appeals
1985–2017 		Succeeded by:
Daniel Bress
Preceded by:
NA - new seat
97 Stat. 164 		Court of Federal Claims
1982–1985 		Succeeded by:
Marian Blank Horn



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