Roberts asks federal judges to handle complaints

Chief Justice John Roberts is referring ethics complaints against new Supreme Court Justice Brett Kavanaugh to federal judges in Colorado and neighboring states.

The complaints deal with statements Kavanaugh made during his confirmation hearings. They were filed originally with Kavanaugh’s old court, the U.S. Court of Appeals for the District of Columbia Circuit.

Roberts took no action on them while Kavanaugh’s nomination was pending. He received the first three of 15 eventual complaints on Sept. 20, a week before Kavanaugh’s angry denial of a sexual assault allegation by Christine Blasey Ford.

It’s possible the complaints will never be investigated if the lower-court judges determine they have no jurisdiction over a Supreme Court justice under the judiciary’s ethics rules. The judges may be forced to conclude “that intervening events have rendered the allegations moot or make remedial action impossible,” said Arthur Hellman, an ethics professor at the University of Pittsburgh.

Another ethicist, Stephen Gillers of New York University, disagreed that the complaints are moot. Kavanaugh remains a federal judge and the complaints “allege misconduct that occurred while Kavanaugh was on the D.C. Circuit and subject to the Code of Conduct for U.S. Judges. Any violation of the Code does not disappear because he is now on another federal court,” Gillers said in an email.