A Complaint of Judicial Misconduct or Disability is an allegation that a judge has violated the code of conduct for judges, or is unable to perform their duties due to a disability. In the United States, a complaint can be filed with the appropriate judicial council or court of appeals. There are two types of complaints of judicial misconduct or disability: 1. Complaint of Judicial Misconduct: This type of complaint alleges that a judge has violated the Code of Conduct for United States Judges. Examples of misconduct include bias, prejudice, improper administrative procedures, and improper decision-making. 2. Complaint of Judicial Disability: This type of complaint alleges that a judge is unable to perform their duties due to a physical or mental disability. Examples of disabilities include mental illness, substance abuse, and physical impairment.
Complaint of Judicial Misconduct or Disability
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FAQ
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.
Examples of judicial misconduct may include the following: using the judge's office to obtain special treatment for friends or relatives; accepting bribes, gifts, or other personal favors related to the judicial office; engaging in improper ex parte communications with parties or counsel for one side in a case;
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.
Some of the most common examples of a conflict of interest that would lead an assigned judge to recuse themselves voluntarily include situations in which: They have a familial relationship to one of the attorneys involved in the case. They have a possible financial interest in the result of the case.
Contempt of court is an act of disobedience or disrespect towards the judicial branch of the government, or an interference with its orderly process. It is an offense against a court of justice or a person to whom the judicial functions of the sovereignty have been delegated.
In addition to those standards, understanding the definition of ?bias? (or unfair) gives a clear picture of how certain actions can call into question whether or not a judge is upholding his or her expected standards.
Judicial misconduct occurs when a judge acts in ways that are considered unethical or otherwise violate the judge's obligations of impartial conduct.
The Commission on Judicial Performance, established in 1960, is the independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity and for disciplining judges, pursuant to article VI, section 18 of the California Constitution.