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Judicial Misconduct Lawyers
What is Judicial Misconduct?
Judicial misconduct is a serious deviation from the accepted practice of a judge in the judicial arena. Some examples include:
- Giving special treatment to friends or relatives,
- Accepting bribes, or
- Improperly discussing a case with an attorney.
28 USC §§ 351 - 364 allows any person to complain about a federal judge who they believe has committed judicial misconduct.
When Can I Complain About Judicial Misconduct?
Anybody is allowed to complain about a federal judge under 28 USC §§ 351 - 364, if the federal judge:
- Engaged in conduct that is damaging to the effective administration of a court, or
- Becomes unable to discharge their duties because of a mental or physical disability.
Excluded from the right to complain about judicial misconduct is the poor or wrong decision making of a federal judge. The remedy for such a situation lies in the right to an appeal, not complaining about judicial misconduct.
How Does a Judicial Misconduct Complaint Work?
As already stated above, a complaint for judicial misconduct begins with an individual who believes that a federal judge has seriously deviated from their duties. Such complaints follow a general step-by-step process.
- The complaining individual must obtain the pre-established form for complaining about judicial misconduct from the clerk of the court.
- The complaint is filed with the clerk of the court and given to the Chief Judge of that district.
- The Chief Judge reviews the complaint, and determines if it should be dismissed or further investigated.
- If the Chief Judge thinks the complaint needs more investigation, he or she will appoint a special committee to investigate the complaint.
- The special committee will take the findings of their investigation and submit a report to a pre-established Judicial Council in the district.
- Finally, the Judicial Council will make the decision about what steps should be taken to remedy any judicial misconduct.
Do I Need an Attorney to File a Judicial Misconduct Complaint?
If you thing you have been subjected to judicial misconduct, it is recommended that you contact an attorney because complaining about judicial misconduct can quickly become very complicated. Only an attorney can adequately guide you through the process of complaining about judicial misconduct, explain the relevant issues, and help defend your rights or find an alternative remedy for you situation.
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