McBryde, John H. v. Com Rev Cir Cncl, et al, No. 00-5016 (D.C. Cir. 2001)

United States Court of Appeals for the district of columbia circuit No. 00-5016 September Term, 2001 Filed On: September 25, 2001 [626699] The Honorable John H. McBryde, United States District Judge for the Northern District of Texas, Appellant v. Committee to Review Circuit Council Conduct and Disability Orders of the Judicial Conference of the United States, et al., Appellees Appeal from the United States District Court for the District of Columbia (No. 98cv02457) Before: Williams and Tatel, Circuit Judges, and Silberman, Senior Circuit Judge. O R D E R It is hereby ORDERED that the following paragraph be added to page 21 of the separate opinion concurring in part and dissenting in part filed on September 21, 2001, immediately prior to the paragraph beginning "With these principles in mind, . . .": I recognize that under a heightened standard, some abusive judicial conduct may be unsanctionable. Confining the disciplinary process to clear abuses of judicial power, however, would not eliminate all means of dealing with less abusive conduct. Judges address such conduct informally and collegially, and the President and Senate try to ensure that judicial nominees possess the appropriate temperment to serve as life- tenured federal judges. Although such efforts may be imperfect, it seems far wiser to tolerate some inappropriate judicial conduct than to risk chilling appropriate judicial conduct throughout the federal judiciary. FOR THE COURT: Mark J. Langer, Clerk BY: Michael C. McGrail Deputy Clerk