The judicial council for the 3rd U.S. Circuit Court of Appeals has found that a federal appeals court judge in California should not face discipline for maintaining sexually explicit photographs on a private home computer that could inadvertently be accessed by the public.

Photographs stored by Alex Kozinski, the chief judge of the 9th U.S. Circuit Court of Appeals, became the subject of public criticism in June 2008, when the Los Angeles Times published a story about them.

At the time, he was presiding over a high-profile obscenity case.

The files, which the judge said had been accumulated over many years from various e-mails he had received, were stored in a subdirectory on the family's home computer. In 2002, Judge Kozinski and his family had their computer server connected online so that they could access its files remotely. At the time, the judge told the investigating panel, he did not know the computer's contents could be accessed by anyone outside the family.

Later, though, as time passed, the judge did learn that the public did have access to the files. The pictures -- some included naked women down on all fours and painted as cows -- were revealed to the Los Angeles newspaper by an attorney who frequently criticized judges on the 9th Circuit.

The 3rd Circuit judicial council used the Code of Conduct for federal judges as its guide.

"Public confidence in the judiciary is eroded by irresponsible or improper conduct by judges. A judge must avoid all impropriety and appearance of impropriety. A judge must expect to be the subject of constant public scrutiny. A judge must therefore accept restrictions that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly."

While the 3rd Circuit found Judge Kozinski's possession of the pictures and carelessness to get rid of them imprudent -- and that he caused a serious risk of public embarrassment for the court -- the judges found that the inquiry into the situation should end.

"We determine that the judge's acknowledgment of responsibility together with other corrective action, his apology, and our admonishment, combined with the public dissemination of this opinion, properly conclude this proceeding."