How to file an ethics complaint against a federal judge

As a further resource, you may view fictitious examples of complaints that would warrant further inquiry, and could, if proven by clear and convincing evidence, result in a finding of judicial misconduct.

Some examples of judicial misconduct are rude, abusive, and improper treatment of lawyers, litigants, witnesses, jurors, court staff or others, failure to disqualify when the law requires, receipt of information about a case outside the presence of one party, abuse of contempt or sanctions, and delay in decision-making. Conduct for which discipline has been imposed has been categorized by Types of Misconduct.

The Public Discipline Database may be searched by types of misconduct. The Summaries of Private Discipline also describe types of misconduct. Appeal may be the only remedy for such an error, or there may be no remedy. The commission is not an appellate court. Neither the commission nor its staff is authorized to give legal advice or respond to requests for assistance with individual legal matters.

For general information and instructions regarding the filing of complaints against judges within the United States Court of Federal Claims , please review the Guidance on Filing a Complaint of Judicial Misconduct or Disability. To begin the complaint process, please complete the Form for Complaint of Judicial Misconduct or Disability.

Howard T. This total includes complaints that later were terminated with finality by judicial council orders on petitions for review, as well as complaints for which additional review was still possible. Frequently cited reasons for dismissal included the following: the complaint was directly related to the merits of decisions ; the allegations lacked sufficient evidence ; and the allegations were frivolous Of the complaints filed in or pending from previous years, were terminated by final action.

Chief judges terminated complaints, of them by dismissal and 27 by voluntary resolution or intervening events. You may be called on to testify if charges of misconduct are filed against the judge. Part 2. Make copies of your complaint. The judicial conduct rules will specify how many copies of your complaint you need to submit to the court or commission. In addition to the copies you have to submit, you should make at least one copy of your signed complaint for your own records.

If the complaint is being reviewed by a commission or board consisting of several members, you typically must submit a copy for each of those members in addition to your original. Each complaint typically must be in its own envelope, labeled "Misconduct Complaint" or similar on the outside. Don't put any other information, such as the name of the judge, on those envelopes. The judicial conduct rules or the instructions that accompanied the complaint form will tell you how to prepare your original complaint and copies for submission.

Follow those steps exactly or your complaint may not be reviewed. Mail your complaint to the appropriate office. The judicial conduct rules or the instructions accompanying the complaint form provide the location where you'll need to submit your complaint for review.

You may want to mail your complaint in a method that allows you to track it so you know when it is received, but this is typically not required by the rules. You also may have the option of taking your sealed complaint to the office in person and handing it to the clerk. There is no fee to file a complaint about a judge in either state or federal court. Receive notice of the decision. Once your complaint is reviewed, you typically will receive an initial notice letting you know if further investigation will take place or if charges of misconduct will be filed by the reviewing judge or commission.

You may receive a copy of any report completed if they investigate your complaint, but there's typically no requirement that they do so. Depending on the way the board or commission is organized, they may vote to conduct additional investigation before coming to a decision. While timeframes vary greatly depending on the location of the court and the content of your complaint, you shouldn't expect to hear anything regarding a decision for several weeks, if not months.

Testify at the hearing. If misconduct charges are filed against the judge about whom you complained, you may be called to testify at the hearing. If so, you will be served with a subpoena and may be contacted by the prosecuting attorney. After the results of that investigation are presented, they'll decide whether to file formal charges against the judge.

While the initial proceedings of the board or commission typically are confidential and closed, if misconduct charges are filed the entire record, including your complaint, will become a matter of public record. Misconduct hearings typically are run very similar to a regular trial, but you are not a party to the case — even though you filed the initial complaint. Charges are filed by the board or commission that reviewed and investigated the complaint. Your role in the proceedings will be as a witness, testifying regarding the conduct you observed.

Part 3. Receive a letter of dismissal. If you filed a complaint about a federal judge and the chief judge who reviews your complaint dismisses it, you will be sent a letter notifying you that your complaint has been dismissed. If an investigation is ordered and the special committee who completes the investigation declines to file charges of misconduct or begin impeachment proceedings against the judge, you'll receive notice of that as well.

The letter typically will provide the reasons for dismissing your complaint. You should review these reasons carefully and make sure you understand them. If the reasons are related to an error you made in your complaint, you may be able to note that error and correct it when you petition for review. Draft your petition. If you want the circuit judicial council to review the chief judge's ruling, you must send a letter to the circuit judicial council requesting review within 35 days of the date you receive notice of the chief judge's dismissal.