Rhode Island Complaint of Judicial Misconduct or Disability is a formal complaint filed with the Supreme Court of Rhode Island in order to allege that a judge has engaged in misconduct or is otherwise unable to perform his or her judicial duties. The complaint must be in writing, signed under oath, and accompanied by supporting evidence. The complaint must specify the type of misconduct or disability alleged, the facts supporting the allegation, the name of the judge, and the name and address of the complainant. The Rhode Island Supreme Court has established two types of complaints: Judicial Misconduct Complaints and Judicial Disability Complaints. Judicial Misconduct Complaints are used to allege that a judge has engaged in behavior that is prejudicial to the administration of justice, or that otherwise violates judicial ethics or professional standards, such as making false statements or exhibiting bias. Judicial Disability Complaints are used to allege that a judge is physically or mentally unable to perform his or her judicial duties. The Supreme Court will review the complaint and, if appropriate, refer it to the Commission on Judicial Tenure and Discipline, which will investigate the allegations and make a recommendation to the Supreme Court. The Supreme Court will then decide whether to impose sanctions or to dismiss the complaint.
Rhode Island Complaint of Judicial Misconduct Or Disability
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Under the Judicial Conduct and Disability Act and the Rules for Judicial-Conduct and Judicial-Disability Proceedings, anyone can file a complaint alleging a federal judge has committed misconduct or has a disability. The Judicial Conduct and Disability Act of 1980 , 28 U.S.C.
Rule 11 provides that once a chief judge has identified a complaint, the chief judge, subject to the disqualification provisions of Rule 25, will perform, with respect to that complaint, all functions assigned to the chief judge for the determination of complaints filed by a complainant.
Obvious examples are violations of criminal law, sexual misconduct with staff/attorneys/parties, joining discriminatory organizations and using the judicial position to enhance a private interest.
?Misconduct? is ?conduct prejudicial to the effective and expeditious administration of the business of the courts.? A ?disability? is a temporary or permanent condition, either mental or physical, that makes the judge ?unable to discharge all the duties? of the judicial office.
Judicial misconduct may include off-the-bench conduct such as criminal behavior, improper use of a judge's authority, publicly commenting on a pending or expected court case, and giving or receiving bribes or favors. Conduct for which discipline has been imposed has been categorized by Types of Misconduct.
By calling (401) 823-5710 to request a complaint form, completing the form, and returning the form to the Chief Disciplinary Counsel at the Philip W. Noel Judicial Complex, 222 Quaker Lane ? Room 1083, Warwick, RI 02886.
The Bangalore Principles of Judicial Conduct Six core values are recognized: Independence, impartiality, integrity, propriety, equality and finally competence and diligence.