Keith Mack
If you are unsatisfied with a judge's decision, you may be able to appeal the decision and have another judge review the case. However, you cannot file a complaint against an administrative law judge based on their decision in your case, even if you believe it to be unfair. Judicial misconduct, on the other hand, may be grounds for filing a complaint. This includes rude, abusive, and improper treatment of others, criminal behaviour, abuse of sanctions, and more. If you wish to file a complaint, you must do so with the appropriate court office, as described in the Rules and any applicable local rules.
| Characteristics | Values |
|---|---|
| Reasons to file a complaint | Misconduct, disability, violation of rules of conduct |
| What is not a valid reason to file a complaint | Unfair or wrong decision, disagreement with the judge's decision |
| Who to file a complaint against | Federal circuit judge, federal district judge, federal bankruptcy judge, federal magistrate judge, administrative law judge, hearing officer |
| Where to file a complaint | Clerk's office of the United States court of appeals, circuit executive's office, chief administrative law judge's office, administrative justice coordinator's office |
| How to file a complaint | Fill out a complaint form, send by mail or online |
| What to include in a complaint | Description of what the judicial officer did and said, court documents or recordings that show misconduct |
| What not to include in a complaint | Conclusions or opinions, such as "the judge was rude" or "the judge was biased" |
| What happens after filing a complaint | The commission reviews and determines if there are sufficient facts to warrant an investigation |
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What You'll Learn
What constitutes judicial misconduct
A person can file a complaint against an administrative law judge if they believe the judge has committed misconduct or has a disability that interferes with their performance. However, it is important to note that an error in a judge's decision or ruling is not, by itself, considered misconduct. Instead, judicial misconduct refers to behaviour that undermines the public's trust and confidence in the judiciary, such as rude, abusive, or improper treatment of lawyers, litigants, witnesses, jurors, court staff, or others.
Judicial misconduct can take many forms, both inside and outside the courtroom, and can include a range of actions, omissions, and relationships. For example, it can include a judge's failure to disqualify themselves when they have a conflict of interest or when the law requires, engaging in ex parte communications, and failure to execute their judicial duties in a timely fashion. It can also include off-the-bench conduct such as criminal behaviour, improper use of a judge's authority, publicly commenting on pending or expected court cases, and giving or receiving bribes or favours.
In the United States, the Code of Conduct for United States Judges outlines ethical canons that apply to federal judges and provides guidance on their performance of official duties and engagement in outside activities. Cognizable misconduct includes engaging in unwanted, offensive, or abusive sexual conduct, treating litigants, attorneys, judicial employees, or others in a hostile manner, creating a hostile work environment, and intentional discrimination on various grounds.
When filing a complaint, it is important to fully describe the judicial officer's actions and statements, rather than simply stating conclusions. If there is a finding of judicial misconduct, determining an appropriate sanction or remedy is the next step. Conduct commissions typically have the authority to publish warnings or reprimands, and remedial measures may be ordered, such as mentoring, monitoring, or additional education. In rare and serious cases of egregious misconduct, sanctions of suspension or removal from office may be imposed.
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Where to send a complaint
If you are looking to file a complaint against an administrative law judge, it is important to note that an error in a judge's decision or ruling is not, by itself, considered misconduct. A complaint should not simply state conclusions, such as "the judge was rude" or "the judge was biased". Instead, the complaint should fully describe what the judge did and said. If a court document or an audio or video recording shows the misconduct, you may submit a copy or mention it in your complaint.
If your complaint is about a court commissioner or referee, it must first be directed to the presiding judge of the court in which the matter was heard. If you want the commission to review the local court's final action on your complaint against a court commissioner or referee, you must file a written request with the commission within 30 days after the date of the notice of the local court's action on the matter. The commission's jurisdiction includes all judges of California's superior courts and the justices of the Court of Appeal and Supreme Court. The commission also has jurisdiction over former judges for conduct prior to retirement or resignation.
If you are complaining that an administrative law judge or hearing officer violated the Rules of Conduct for Administrative Law Judges and Hearing Officers of the City of New York, you should fill out a Complaint Form and send it by United States mail to either the Administrative Justice Coordinator or the Chief Administrative Law Judge at the Office of Administrative Trials and Hearings.
If your complaint is against a federal circuit judge, federal district judge, federal bankruptcy judge, or federal magistrate judge, you must file the complaint at the clerk's office of the United States court of appeals for the regional circuit in which the judge serves. If your complaint is against a judge of the United States Court of Appeals for the Federal Circuit, you must file the complaint at the circuit executive's office of that court. If your complaint is against a judge of the Court of International Trade or the Court of Federal Claims, you must file the complaint at the clerk's office of that court.
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How to submit a complaint
If you disagree with the judge's decision in your case, even if you think the decision is wrong or unfair, that is not a reason to file a complaint against an administrative law judge. However, you may be able to appeal the decision and have another judge review it. If you are complaining that an administrative law judge violated the Rules of Conduct for Administrative Law Judges, you should fill out a Complaint Form and send it by mail to the following addresses:
Administrative Justice Coordinator
One Centre St., Room 1012N
New York, N.Y. 10007
646) 576-3498
Chief Administrative Law Judge
Office of Administrative Trials and Hearings
100 Church Street, 12th Floor
New York, NY 10007
A complaint should not simply state conclusions, such as "the judge was rude" or "the judge was biased". Instead, the complaint should fully describe what the judicial officer did and said. If a court document, such as a minute order or transcript, or an audio or video recording shows the misconduct, you may submit a copy (do not send original documents) or mention it in your complaint. An error in a judge’s decision or ruling is not, by itself, misconduct. A complaint that describes a legal error, but does not describe judicial misconduct, will not be investigated. For example, allegations that a judge has wrongfully excluded evidence, imposed an improper sentence, awarded custody to the wrong party, incorrectly awarded spousal or child support, incorrectly resolved a legal issue, or believed perjured testimony do not generally constitute misconduct.
Judicial misconduct may include rude, abusive, and improper treatment of lawyers, litigants, witnesses, jurors, court staff, or others, failure to disqualify when the law requires, receipt of information about a case outside the presence of one party, abuse of contempt or sanctions, and delay in decision-making. Judicial misconduct may also 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.
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What happens after a complaint is submitted
Yes, you can file a complaint against an administrative law judge. However, it is important to note that disagreeing with a judge's decision or ruling is not, by itself, grounds for a complaint. If you disagree with the judge's decision, you may be able to appeal the decision and have another judge review the case.
Now, what happens after a complaint is submitted?
Once a complaint is submitted, it is reviewed to determine if it warrants further investigation. A complaint should include specific details of the incident, including what the judge did or said that was inappropriate or improper. If there are any relevant court documents, transcripts, or audio/video recordings that support the complaint, these can also be submitted as evidence. Each complaint is acknowledged by letter when received by the commission office.
The commission's authority is limited to investigating the complaint and, if appropriate, imposing discipline. The commission does not have the power to change a judge's decision or ruling, nor does it have the authority to issue orders in any case. If the complaint is against a judge in California, the commission has jurisdiction over all judges of California's superior courts, the justices of the Court of Appeal, and the Supreme Court. The commission also has jurisdiction over former judges for conduct prior to retirement or resignation.
If the complaint is found to be valid and supported by clear and convincing evidence, it could result in a finding of judicial misconduct. Examples of judicial misconduct include rude, abusive, and improper treatment of individuals involved in the case, failure to disqualify when required by law, receiving information about a case outside the presence of one party, abuse of contempt or sanctions, and delay in decision-making. Judicial misconduct can also include off-the-bench conduct such as criminal behavior, improper use of a judge's authority, and publicly commenting on pending or expected court cases.
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What not to include in a complaint
When filing a complaint against an administrative law judge, it is important to be mindful of what not to include. Here are some key points to consider:
- Disagreement with the Judge's Decision: It is important to remember that disagreeing with the judge's decision, even if you believe it to be wrong or unfair, is not a valid reason to file a complaint. If you are unsatisfied with the decision, you may have the option to appeal and have another judge review the case. The complaint process is not designed to address disagreements with the judge's ruling but rather to address potential misconduct or incapacity.
- Conclusory Statements: Avoid making vague or conclusory statements such as "the judge was rude" or "the judge was biased." Instead, provide specific details and describe the judicial officer's actions and statements that led you to believe they were rude or biased.
- Legal Errors vs. Judicial Misconduct: Understand the distinction between a legal error and judicial misconduct. A complaint that solely describes a legal error, such as wrongfully excluding evidence or imposing an improper sentence, does not constitute misconduct. Judicial misconduct refers to behaviour that is prejudicial to the effective administration of justice, such as abuse of power, improper treatment of individuals involved in the case, or criminal behaviour.
- Personal Beliefs or Opinions: Refrain from including personal beliefs or opinions that are not supported by evidence. The complaint should be based on factual information and specific instances of misconduct or incapacity.
- Appeals for Remedies: Do not include appeals for specific remedies or outcomes in your complaint. The purpose of the complaint process is to address judicial conduct, not to change the outcome of a case or seek personal gains. The investigating commission does not have the authority to modify a judge's decision or grant requests related to individual legal matters.
- Off-topic or Irrelevant Information: Stay focused on the relevant issues pertaining to the judge's conduct. Avoid including information that is off-topic or irrelevant, as it may detract from the main points of your complaint.
Remember, the key is to provide specific and detailed information about the judge's conduct or behaviour that you believe warrants a complaint. Focus on providing evidence of potential misconduct or incapacity, rather than expressing dissatisfaction with the judge's decision or including conclusory statements.
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Frequently asked questions
No, an error in judgement or an unfavourable outcome is not grounds for a complaint. However, you may be able to appeal the decision and have another judge review the case.
Judicial misconduct may include rude, abusive, and improper treatment of lawyers, litigants, witnesses, jurors, court staff or others, accepting bribes, engaging in criminal behaviour, or publicly commenting on a pending or expected court case.
You must file your complaint with the appropriate court office. If your complaint is against a federal judge, you must file it at the clerk's office of the United States court of appeals for the regional circuit in which the judge serves.
Each complaint is acknowledged by letter when it is received. The commission then considers the complaint and determines whether sufficient facts exist to warrant an investigation.
