You can file a complaint with the judicial district for federal judges or with your state's board or commission for judicial conduct for state or local judges if you believe a judge has violated the code of conduct.If you disagree with the judge's decision or are upset because of it, you shouldn't complain about him.The complaints must be based on a specific violation of the rules governing judicial conduct, such as accepting bribes or engaging in partisan political activity.
Step 1: You can get a complaint form.
Each court system has a form that can be used to file a complaint against a judge.You can ask the clerk of the court if you want to download a form.You can find the form on the website of the district in which the judge serves.Judicial conduct complaints are usually handled by a commission.Information about the commission can be found on the state court system website.The clerk of court can give you information on how to file a complaint against a judge.They can help you get the forms you need, as well as give you instructions on how to proceed with your complaint.
Step 2: Read the rules.
The reasons you may file a complaint against a judge are set in the judicial conduct rules applicable to the judge.If you disagree with the judge's ruling, the council or commission that evaluates the complaints is not an appellate court.While the judge's conduct may relate to a lawsuit in which you were a party, your complaint is not the decision itself.The code of judicial conduct requires you to read the rules.A complaint is proper if the judge did those things.Judges who accept bribes to rule a certain way in a case or judges who discriminate against you on the basis of race or religion are examples of conduct that violates the judicial code.The process to complain about a judge is in the judicial code.You may be able to find instructions or a summary on the court's website that explains the process in plain language.
Step 3: You can enter information about yourself and the judge.
The first part of the form requires you to give information about yourself, the judge, and the case you're reporting occurred.You need to give your full legal name and contact information, as well as your address and phone number.You have to name the judge and the court that he presides over.If the conduct occurred during a lawsuit you were a part of, you should list the case number and title.This information can be found in the caption on the first page of the case document.
Step 4: Write about facts.
The second part of the form requires you to describe the events that you think constitute the judge's conduct.Don't forget to include as many details as possible.Provide the events or a description of the judge's behavior in short paragraphs.The officials who review the complaint are interested in a cold, straightforward account of the conduct at issue, not your personal feelings, judgments, or conclusions.You want to describe exactly what the judge said that you thought was rude.The conclusion that the judge's statements were rude is for the officials to find.The date and time of particular instances of conduct should be included.The officials reviewing your complaint should be able to follow the chain of events if you present your statement in chronological order.
Step 5: You should sign and date your complaint.
Before you sign it, read over everything you've written.Make sure everything is correct when you sign the complaint.It is not possible to make complaints anonymous.If the judge is accused of wrongdoing, you may be called on to testify.
Step 6: You should make copies of your complaint.
The judicial conduct rules tell you how many copies of your complaint you need to submit.You should make at least one copy of your signed complaint for your own records in addition to the copies you have to submit.If the complaint is being reviewed by a commission or board consisting of several members, you must submit a copy for each of them.Each complaint needs to be labeled "Misconduct Complaint" or similar on the outside.Don't put the judge's name on the envelopes.The instructions that accompanied the complaint form will tell you how to prepare your original complaint.If you follow those steps, your complaint may not be reviewed.
Step 7: Send your complaint to the appropriate office.
The instructions accompanying the complaint form give the location where you'll need to submit your complaint.If you had to place each copy in an envelope, you would have to find a larger envelope.The rules don't require you to mail your complaint in a method that lets you know when it's received.You have the option of taking your sealed complaint to the office in person and handing it over.There is no cost to file a complaint about a judge.
Step 8: You should receive notice of the decision.
Once your complaint is reviewed, you 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.The proceedings of the officials reviewing your application are usually private and confidential.If they investigate your complaint, you may receive a copy of the report, but there's no requirement that they do so.Depending on the way the board or commission is organized, they may vote to conduct additional investigation before making a decision.You shouldn't expect to hear anything regarding a decision for several weeks, if not months, depending on the location of the court and the content of your complaint.
Step 9: Testify at the hearing
You may be called to testify at the hearing if there are charges against the judge.You may be contacted by the prosecuting attorney if you are served with a subpoena.The board or commission that is reviewing your complaint will usually vote on whether to investigate the conduct you reported.They will decide whether to file charges against the judge after the results of the investigation are presented.While the initial proceedings of the board or commission are usually confidential and closed, if charges are filed the entire record, including your complaint, will become public record.You are not a party to the case even though you filed the initial complaint, because conduct hearings are very similar to a regular trial.The board or commission reviews and investigates complaints.As a witness, you will testify about the conduct you observed.
Step 10: Receive a letter of dismissal.
If you filed a complaint about a federal judge, you will be sent a letter stating that the complaint has been dismissed.You will get notice if the special committee who completes the investigation doesn't file charges of malfeasance or begin impeachment proceedings against the judge.The reasons for dismissing your complaint are usually provided in the letter.Make sure you understand the reasons when you review them.If the reasons are related to an error you made in your complaint, you may be able to correct it when you petition for review.
Step 11: You can draft your petition.
If you want the circuit judicial council to review the chief judge's ruling, you have to send a letter to the council within 35 days of the dismissal.The judicial council has 63 days to make a decision after an investigation.Write your petition in a business letter format.There is a template for any word processing application.The first line of your letter should read "I hereby petition the judicial council for review of my original complaint."Explain why you think that decision was wrong.Before you sign the letter, make sure you read it carefully.Make a copy for your records after you've signed it.
Step 12: You can submit your petition.
The clerk of the circuit where the judge sits must receive your petition.There isn't a way to electronically file these petitions.Put your letter in a sealed envelope marked "Misconduct Petition" and put it in another envelope suitable for mailing.The judge's name should not be on the outside of the sealed envelope that contains the petition.The circuit where the judge sits has a website where you can find the correct address for the clerk.You don't have to use any particular mailing method, but you may want to send your petition in a way that you know when it is received.
Step 13: Wait for an order to be placed on your petition.
The judicial council for that circuit will review and act on your petition once it's received.You will get a copy of the judicial council's order on your petition, which will be public.The decision is final if the order confirms the previous ruling and there is no dissent.The Judicial Conference Committee on Judicial Conduct and Disability can be contacted if a member of the council dissents.The conference will decide if a special committee should investigate your complaint.