"It appears likely that Judge Jones did suggest that, statistically, African-Americans and/or Hispanics are 'disproportionately' involved in certain crimes and 'disproportionately' present in federal prisons," said the panel. "But we must consider Judge Jones' comments in the context of her express clarifications during the question-and-answer period that she did not mean that certain groups are 'prone to commit' such crimes," the panel of judges said. "In that context, whether or not her statistical statements are accurate, or accurate only with caveats, they do not by themselves indicate racial bias or an inability to be impartial," said the panel. "They resemble other albeit substantially more qualified, statements prominent in contemporary debate regarding the fairness of the justice system."
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The D.C. Circuit judges who dismissed the initial complaint this August repeatedly relied on Judge Jones' own version of the facts about her Penn Law speech -- in spite of conflicting sworn testimony from six people -- five of whom were law students -- who attended the lecture. The judges allowed Judge Jones to testify but did not allow those who filed the complaint or attended the lecture to do the same. The judges also received documents and other secret evidence that they and Judge Jones refused to disclose to complainants. "Just as concerning as these instances of bias, the one-sidedness and secrecy surrounding the ethics complaint process and the untoward deference to the judge's denials makes it unlikely that any claims of judicial misbehavior can be handled in a way that gives the public confidence that justice is being served," said Luis Roberto Vera, Jr., national general counsel of the League of United Latin American Citizens, another party to the appeal.