Government

Breaking: Judge Kozinski Is Retiring Effective Immediately

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(Photo by Justin Sullivan/Getty Images)

Judge Alex Kozinski, who has been accused of sexual harassment by 15 women, has announced he is retiring. In a statement obtained by the Washington Post, he indicated his retirement would be immediate and was for the benefit of his “beloved federal judiciary”:

“It grieves me to learn that I caused any of my clerks to feel uncomfortable; this was never my intent.” But he said he would retire because “I cannot be an effective judge and simultaneously fight this battle. Nor would such a battle be good for my beloved federal judiciary.”

The Washington Post goes on to report Kozinski apologized for his behavior, but blamed his actions on his sense of humor:

In a statement provided by his lawyer, Kozinski apologized, saying that he “had a broad sense of humor and a candid way of speaking to both male and female law clerks alike,” and that “in doing so, I may not have been mindful enough of the special challenges and pressures that women face in the workplace.”

The judge’s retirement comes just over a week after the first allegations over his inappropriate behavior came to light. Many see this move as surprising, with only 10 percent of Above the Law readers in a recent poll predicting the judge would retire — though 41 percent of readers said he should. The decision also means Kozinski is likely eligible for his pension as he meets the “rule of 80” which says federal judges may receive full benefits if they retire at age 65 or older, when their combined age and years of experience totals 80.

Kozinski’s ability to work was also coming into question, as few people — particularly of the caliber the judge is accustomed to commanding — were likely willing to clerk for him. As Above the Law first reported, three of his current clerks quit abruptly when the “open secret” of Kozinski’s behavior became public. As a result of these sudden vacancies, AtL tipsters report Kozinski was making calls to his former clerks to see if they’d be willing to fill the gap in his staff. Additionally, sources report people lined up for a 2018 clerkship with the judge were withdrawing or intending to withdraw. A federal judge without their clerks is really limited in their ability to do their job, particularly with a judge like Kozinski who is known to work his clerks hard.

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Judge Kozinski’s retirement results in a vacancy on the Ninth Circuit, which Donald Trump will now get to fill. We can only hope the position goes to someone more qualified than a ghost hunter.

headshotKathryn Rubino is an editor at Above the Law. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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