MT Lawyer Under Review for Frivolous Complaint

     (CN) – The Judicial Council of the 9th Circuit placed a pre-filing review order on Montana lawyer Joseph Nascimento after he filed a “frivolous and abusive” judicial misconduct complaint against a district judge and a magistrate judge.




     “An attorney filing such a frivolous misconduct complaint diminishes the effectiveness of our system of justice, and also may have an adverse effect on the random assignment of judges who may feel compelled to recuse even in light of unfounded allegations,” the council wrote.
     In his petition for review of the chief judge’s initial dismissal of the complaint, Nascimento also included a motion to disqualify Judge Sidney Thomas.
     The judicial council denied the motion, dismissed the case, issued the review order and publicly reprimanded Nascimento.
     The review order goes into effect indefinitely, and Nascimento may not file a petition to lift the review order until Nov. 1, 2010. If Nascimento fails to comply with the order, any new complaints that he tries to file will be dismissed or not filed.

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