Danos v. Jones
| Decision Date | 26 August 2011 |
| Docket Number | No. 10–30709.,10–30709. |
| Parties | Rhonda DANOS, Plaintiff–Appellant,v.Edith JONES, United States Court of Appeals for the Fifth Circuit, individually and in her official capacity as presiding officer of the Judicial Council of the Fifth Circuit; Judicial Council of the Fifth Circuit, an entity created by Congress pursuant to 28 United States Code 332 composed entirely of Article III Judges; Carolyn Dineen King, Judge, United States Court of Appeals for the Fifth Circuit, in her official capacity as a member of the Judicial Council of the Fifth Circuit and Individually; Jerry E. Smith, Judge, United States Court of Appeals for the Fifth Circuit, in his official capacity as a member of the Judicial Council of the Fifth Circuit and Individually; W. Eugene Davis, Judge, United States Court of Appeals for the Fifth Circuit, Council of the Fifth Circuit, in his official capacity as a member of the Judicial Council of the Fifth Circuit and Individually; Rhesa H. Barksdale, Judge, United States Court of Appeals for the Fifth Circuit, in his official capacity as a member of the Judicial Council of the Fifth Circuit and Individually; Edith Brown Clement, Judge, United States Court of Appeals for the Fifth Circuit, in her official capacity as a member of the Judicial Council of the Fifth Circuit and Individually, also known as Joy Clement; Priscilla R. Owen, Judge, United States Court of Appeals for the Fifth Circuit, in her official capacity as a member of the Judicial Council of the Fifth Circuit and Individually; Jennifer Walker Elrod, Judge, United States Court of Appeals for the Fifth Circuit, in her official capacity as a member of the Judicial Council of the Fifth Circuit and Individually; Leslie H. Southwick, Judge, United States Court of Appeals for the Fifth Circuit, in his official capacity as a member of the Judicial Council of the Fifth Circuit and Individually; Sarah S. Vance, United States District Judge for the Eastern District of Louisiana, in her official capacity as a member of the Judicial Council of the Fifth Circuit and Individually; Neal B. Biggers, Jr., United States District Judge for the Northern District of Mississippi, in his official capacity as a member of the Judicial Council of the Fifth Circuit and Individually; Louis G. Guirola, Jr., United States District Judge for the Southern District of Mississippi, in his official capacity as a member of the Judicial Council of the Fifth Circuit and Individually; Sam R. Cummings, United States District Judge for the Northern District of Texas, in his official capacity as a member of the Judicial Council of the Fifth Circuit and Individually; Hayden Head, United States District Judge for the Southern District of Texas, in his official capacity as a member of the Judicial Council of the Fifth Circuit and Individually; Fred Biery, United States District Judge for the Western District of Texas, in his official capacity as a member of the Judicial Council of the Fifth Circuit and Individually, Defendants–Appellees. |
| Court | U.S. Court of Appeals — Fifth Circuit |
OPINION TEXT STARTS HERE
Remy Voisin Starns, Trial Atty. (argued), Samuel S. Dalton, Law Offices of Samuel S. Dalton, Jefferson, LA, for Plaintiff–Appellant.Melissa Nicole Patterson (argued), U.S. Dept. of Justice, Civ. Div. App. Staff, Brigham J. Bowen, U.S. Dept. of Justice, Civ. Div. Fed. Programs Branch, Washington, DC, for Defendants–Appellees.Appeal from the United States District Court for the Eastern District of Louisiana.Before HIGGINBOTHAM, COLLOTON * and GRAVES, Circuit Judges.COLLOTON, Circuit Judge:
Rhonda Danos was a secretary for G. Thomas Porteous, Jr., during his service as a United States District Judge for the Eastern District of Louisiana. Porteous was removed from office on December 8, 2010, after impeachment by the House of Representatives and conviction by the United States Senate. See U.S. Const. art. II, § 4; 156 Cong. Rec. S8607, S8611 (daily ed. Dec. 8, 2010); 156 Cong. Rec. H1327, H1335–37 (daily ed. Mar. 11, 2010).
While Porteous still held judicial office, the Judicial Council of the Fifth Circuit publicly reprimanded him for judicial misconduct and ordered that no new cases be assigned to him for two years or until Congress took final action on impeachment proceedings against him, whichever occurred earlier. The Council also suspended Judge Porteous's authority to employ staff for the same period of time. As a result, Danos was terminated from her employment. She then sued the Judicial Council and fifteen of its members, alleging that the Council's action in suspending Judge Porteous's authority to employ staff was unconstitutional and ultra vires. The district court dismissed Danos's claims, Danos v. Jones, 721 F.Supp.2d 491 (E.D.La.2010), and we affirm.
The judicial council of each federal judicial circuit is composed of the chief judge of the circuit, who presides, and an equal number of circuit judges and district judges of the circuit. 28 U.S.C. § 332(a)(1). In the Fifth Circuit, the Judicial Council includes the chief judge, nine circuit judges, and nine district judges. The defendants in this action are the Judicial Council of the Fifth Circuit, the chief judge of the Fifth Circuit, and fourteen other members of the Council as of September 10, 2008. The district court interpreted the complaint to sue the Council members in their official capacities only, see 721 F.Supp.2d at 495, and Danos does not challenge this interpretation on appeal.
One responsibility of the Judicial Council is to consider complaints of judicial misconduct filed in accordance with the Judicial Conduct and Disability Act, 28 U.S.C. §§ 351–364. In May 2007, the United States Department of Justice filed a complaint alleging that Judge Porteous had engaged in judicial misconduct. The matter was investigated by a special investigatory committee appointed by the chief judge of the Fifth Circuit. After receiving a report from the special committee, the Judicial Council determined that Judge Porteous had engaged in conduct that might be grounds for impeachment under Article II of the Constitution. The Council certified this determination to the Judicial Conference of the United States in accordance with 28 U.S.C. § 354(b)(2)(A).
The matter was referred to the Committee on Judicial Conduct and Disability of the Judicial Conference, which issued a report and recommendation that was adopted by the Judicial Conference. The Conference then certified and transmitted to the House of Representatives the records of the proceeding and its determination that impeachment of Judge Porteous may be warranted. The Conference also authorized the Committee on Judicial Conduct and Disability to request that the Judicial Council of the Fifth Circuit determine whether to continue or suspend the underlying judicial misconduct proceeding. The Committee further suggested that if the Council continued the proceeding, then it should consider the propriety of a public reprimand and an order that no new cases be assigned to Judge Porteous.
The Judicial Council, after considering the report and recommendation, issued an Order and Public Reprimand in the judicial misconduct proceeding. The Council reprimanded Judge Porteous for conduct prejudicial to the effective and expeditious administration of the business of the courts within the circuit, and ordered that no new cases be assigned to him for two years or until final action on the impeachment proceedings, whichever occurred earlier. See 28 U.S.C. § 354(a)(2)(A)(i); Rule for Judicial–Conduct and Judicial–Disability Proceedings 20(b)(1)(D)(i)–(ii). It is undisputed that Judge Porteous had no cases pending on his docket at the time of the Council's order.
In the portion of its order at issue here, the Council, pursuant to 28 U.S.C. § 332(d)(1), also ordered that Judge Porteous's authority to employ staff be suspended for the same period of time in which no new cases would be assigned to him. The order was entered on September 10, 2008. Danos alleges that as a result of the Council's order, she was terminated from her employment on September 19, 2008.
Danos sued the Judicial Council and fifteen of its members. She sought a declaratory judgment on four points: (1) that the Council lacked authority under 28 U.S.C. § 332(d)(1) to suspend Porteous's authority to employ staff, (2) that the actions available to a Judicial Council with respect to an Article III judge in a judicial misconduct proceeding are limited to those specifically described as “possible actions” in 28 U.S.C. § 354(a)(2)(A)(i)–(iii) and § 354(a)(2)(B)(i)–(ii), (3) that the Council committed an ultra vires act by suspending Judge Porteous's authority to employ a secretary and law clerks, and (4) that the Council's order to that effect is null and void. Danos also sought reinstatement to her position as secretary to Judge Porteous, monetary relief including back pay and retirement credits, and attorney's fees and costs.
The district court dismissed the complaint for lack of subject matter jurisdiction, concluding that Danos's claims were barred by sovereign immunity. After entry of the court's order in July 2010, the impeachment proceedings against Judge Porteous were completed, and Porteous was removed from office on December 8, 2010. Danos appeals the district court's order insofar as it dismissed her claims against the members of the Judicial Council.
A federal court has no subject matter jurisdiction over claims against the United States unless the government waives its sovereign immunity and consents to suit. FDIC v. Meyer, 510 U.S. 471, 475, 114 S.Ct. 996, 127 L.Ed.2d 308 (1994). Danos sued both the Judicial Council and members of the Judicial Council, but claims against officers of the United States in their official capacities are actually claims against the sovereign. S. Sog, Inc. v. Roland, 644 F.2d 376, 380 (5th Cir. Unit A May 1981). Where applicable, therefore, sovereign immunity...
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