Judicial misconduct is a serious deviation from the accepted practice of a judge in the judicial arena. Some examples include:
28 USC §§ 351 - 364 allows any person to complain about a federal judge who they believe has committed judicial misconduct.
There are some ways a corrupt judge may abuse the law he or she is suppose to uphold:
Recusal is a request for the judge of the presiding case to excuse himself from the case so that a new judge may be chosen. Although an attorney or pro se litigant may ask a judge to recuse himself from the case, there should be substantial evidence for judicial conflict of interest because the judge in question has the right to sustain or dismiss the motion. The recusal motion may have to be appealed when the trial is over.
Judicial misconduct can be extremely hard to prove if you don’t know all the rules. This can especially difficult for average citizens because the rules that must be watched are procedural rules which, frankly, most people find tedious to learn.
Being familiar with these rules, however, can help prove judicial misconduct because a corrupt judge has to brush aside all motions in order to reach the corrupt judge’s predetermined outcome. The motions, however, are there to ensure fairness by allowing a party to ask for additional hearings or other outside factors.
Other helpful tips:
Anybody is allowed to complain about a federal judge under 28 USC §§ 351 - 364, if the federal judge:
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.
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.
If you think 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.
Last Modified: 10-20-2017 12:06 AM PDTLaw Library Disclaimer
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