Federal Law

Misconduct Complaint Alleges 5th Circuit Senior Judge Edith Brown Clement Issued Partisan Attacks on Colleagues

Harrington stated in his misconduct complaint that it doesn’t concern the merits of the dissent, but rather the partisan tone and insults aimed at judges.

Austin civil rights attorney Jim Harrington has claimed in a new judicial misconduct complaint that Senior Judge Edith Brown Clement of the U.S. Court of Appeals for the Fifth Circuit made inappropriately partisan and disrespectful attacks on other federal judges in a dissenting opinion.

The April 9 complaint noted the underlying case, Thomas v. Bryant, concerned the 2018 Voting Rights Act and alleged gerrymandering of boundaries of a Mississippi senate district that diluted African-Americans’ voting strength. Harrington isn’t a party or lawyer in the case.

Senior Judge Edith Brown Clement of the U.S. Court of Appeals for the Fifth Circuit.

“Judge Clement’s statements demonstrated a lack of respect for her fellow federal judges, a lack of judicial temperament, and a failure to maintain and observe the high standards of conduct required of federal judges,” Harrington alleged in his complaint. He claimed her comments violated federal law and the code of conduct for federal judges.

Clement didn’t immediately return a call seeking comment.

The complaint explained that in the underlying case, U.S. District Judge Carlton W. Reeves held a bench trial in February 2018 and concluded the plaintiff established there was vote dilution that violated the law. The judge delayed ordering a remedy to allow the state’s Legislature to redraw district lines, but when the Legislature couldn’t make changes before the candidate-filing deadline, Reeves in a final judgment ordered the adoption of a Senate district map crafted by the plaintiff’s experts.

The defendants appealed, asking for a stay of Reeves’ judgment. The Fifth Circuit’s majority opinion by Judge Gregg Costa, joined by Judge James L. Dennis, found the defendants failed to show it was highly likely to overturn Reeves’ finding that there had been a voting rights violation. But they did find the defendants satisfied factors for them to issue a stay, to give time for the Mississippi Legislature to redraw the Senate district’s boundaries. The Fifth Circuit’s stay on April 3 permitted lawmakers to redraw the lines and extended the candidate filing deadline to April 12.

Clement’s dissent was vitriolic, according to Harrington’s complaint.




“She criticized the majority’s decision not to grant a complete stay to prevent the adoption of the new district boundaries before the upcoming election. She also highly disapproved of the district court’s adopted redrawn district boundaries, because those new boundaries resulted in the re-districting of two Republican candidates,” Clement wrote, according to the complaint. This left just one candidate—the plaintiff—for the seat.

Harrington explained in his misconduct complaint that it doesn’t concern the merits of the dissent, but rather the partisan, insulting, egregious and unnecessary comments aimed at other judges. The alleged inappropriate comments said the defendants had bad luck drawing a “majority-minority panel,” that Reeves had issued an order that was tailored to win an election for one candidate, and that if the Fifth Circuit didn’t act, it would have decided the November election for the Senate district in question, which would be uncommon for a federal district judge to decide a race.

“The false statements falsely, harshly, and disrespectfully assumed that Judges Costa and Dennis decided the case not on the merits, but on partisan considerations, simply because they were appointed by Democratic presidents,” alleged the complaint. “Judge Clement’s misconduct is serious. It serves to undermine the public respect for the federal judiciary that is critically important for the continued success of our judicial system.”

Judge’s Verbal Terroristic Threats End in Criminal Arrest in Georgia

Ain’t it sad that the Federal Judiciary in Texas is even corrupt when it comes to false threats of violence targeted at elders….

Fifth Circuit Senior Judge Wiener Issues a Zinger as He Respectfully Calls Trump Judge Jim Ho an Idiot

Judge Wiener cites Macbeth, King of Scotland in his dissent aimed at Judge Ho. The full quotation reads – It is a tale. Told by an idiot, full of sound and fury, signifying nothing.

No Bond for Threatening a Judge in Florida.

Judge Melissa Distler was the intended target of the vitriol every time, causing her distress and leaving her in fear for her safety.

Misconduct Complaint Alleges 5th Circuit Senior Judge Edith Brown Clement Issued Partisan Attacks on Colleagues
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

Donate to LawsInTexas. Make a Difference.

Subscribe to Our Newsletter

We keep your data private and share your data only with third parties that make this service possible. See our Privacy Policy for more information.

© 2020-21 LawInTexas com is an online trading name which is wholly owned by Blogger Inc., a nonprofit 501(c)(3) registered in Delaware. | All Rights Reserved.

To Top