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德克萨斯州联邦法官未出席司法不当行为调查听证会Texas federal judge fails to appear for judicial misconduct investigative hearing

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2019年4月30日,在美国华盛顿特区,艾达·布朗出席参议院司法委员会关于其联邦法官提名的听证会,此图为视频截图。图片来源:美国参议院/路透社提供。Ada Brown appears before the Senate Judiciary Committee in Washington, DC, US for a hearing on her federal judicial nomination on April 30, 2019, in this screengrab from a video. US Senate/Handout via REUTERS

一名德克萨斯州联邦法官周五未按要求出席特别委员会的宣誓面谈,以回应有关她弃职以及可能患有影响其履职能力的精神疾病的指控。

A federal judge in Texas failed to appear on Friday before a special committee for an under-oath interview to address allegations that she had abandoned her post and likely suffers from a mental condition interfering with her ability to perform the responsibilities of her office.

本月初,一个由三名法官组成的委员会曾责令达拉斯联邦地区法官艾达·布朗出席面谈,以回应目前正在联邦第五巡回司法委员会审理的两起独立司法不当行为投诉中提出的担忧。

A three-judge committee had earlier this month directed US District Judge Ada Brown of Dallas to appear before it to address concerns raised by two separate judicial misconduct complaints that are now pending before the 5th Circuit Judicial Council.

但在等待了半小时后,由于布朗法官未按命令出席,联邦第五巡回法院首席巡回法官珍妮弗·沃克·埃尔罗德开始结束周五的程序,未听取布朗本人的陈述。

But after a half-hour of waiting, Chief US Circuit Judge Jennifer Walker Elrod began to bring Friday's proceedings to a close without hearing from Brown herself after the judge failed to appear as ordered.

根据记录,埃尔罗德表示:“布朗法官没有到场。无人代表布朗法官出席。我们未收到布朗法官迟到的通知,也没有获得其他继续等待的理由。”布朗此前曾告知调查委员会,她不会参与该程序,理由是这会损害一项未具体说明的平行调查。埃尔罗德称,尽管受到敦促重新考虑,布朗仍继续拒绝与小组接触或提交进一步信息。

"Judge Brown has not arrived," Elrod said, according to a transcript. "No one has appeared on behalf of Judge Brown. We have not heard from Judge Brown that she is running late, and we have been given no other reason to wait." Brown had previously told the investigative committee she would not participate in the proceedings, claiming it would compromise an unspecified parallel investigation. Elrod said that despite being urged to reconsider, Brown had continued to not engage with the panel or submit further information.

委员会此前曾警告,她拒绝参与可能导致委员会扩大调查范围,并在没有布朗回应的情况下提交调查结果和建议报告。

The committee had previously warned that her failure to participate could result in the committee expanding the scope of its investigation and filing a report on its findings and recommendations without the benefit of Brown's response.

由唐纳德·特朗普总统在其首个任期内任命为德克萨斯州北区联邦地区法院法官的布朗,无法联系到置评。

Brown, who was appointed to the US District Court for the Northern District of Texas by President Donald Trump during his first term, could not be reached for comment.

第五巡回法院委员会在10月19日发布的一份早期命令中称,已认定布朗“弃职”,并可能患有影响其履行职责能力的精神疾病,理由是她发送了“怪异邮件”并发表了“种族侮辱性言论”。

The 5th Circuit committee in an earlier order released on October 19 said it had determined Brown had "abandoned her post as a federal judge" and likely suffers from a mental condition interfering with her ability to perform the responsibilities of her office, citing "bizarre emails" and "racial insults" it said she made.

基于这些指控,该委员会于9月21日采取了罕见举措,命令布朗在30天内接受精神科检查,司法委员会于9月29日下令暂时重新分配她的案件,并不再向她分配新案件。

Based on those allegations, the committee on September 21 took the rare step of ordering Brown to sit for a psychiatric exam within 30 days, and the judicial council on September 29 ordered her cases to be reassigned temporarily and that no further cases be assigned to her.

该委员会成员包括埃尔罗德,她发起了针对布朗的两起司法不当行为投诉之一;美国巡回法院法官詹姆斯·格雷夫斯;以及得克萨斯州西区联邦首席地区法官阿莉亚·摩西。周五庭审出席者还包括菲尔普斯·邓巴律师事务所的沃尔特·格林和埃玛·卢尼,他们正在协助特别委员会。得克萨斯州联邦法官因精神健康问题被暂停审理案件

The committee's members include Elrod, who initiated one of two judicial misconduct complaints against Brown; US Circuit Judge James Graves; and Chief US District Judge Alia Moses of the Western District of Texas. Others present at Friday's proceedings included Walt Green and Emma Looney of Phelps Dunbar, who are assisting the special committee. Texas federal judge suspended from hearing cases over mental health concerns

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