- Race;
- Color;
- Sex;
- Gender;
- Gender entity;
- Pregnancy;
- Sexual orientation;
- Religion;
- National origin;
- Age; or
- Disability;
- Complainants;
- Witnesses;
- Judicial employees; or
- Other individuals;
This list does not constitute all of the possible grounds for a complaint. An individual is not permitted to use the complaint process to obtain an automatic disqualification of a judge which is presiding over a case.
Additionally, the process cannot be used to challenge the correctness of the judge’s decision in a case. A judicial decision which is unfavorable to an individual does not, by itself, establish misconduct or a disability.
How Can Judges Break the Law Inside the Courtroom?
There are certain ways in which a judge may abuse the law they are supposed to uphold. This may include if a judge ignores the law in court. It may also include if a judge:
-
Lies under oath – It is important to note that a judge is always under oath in the courtroom;
Can I Ask a Judge to Recuse Himself if I Believe He Is Biased?
An individual may request a judge to recuse themselves if there is a conflict of interest. A recusal , also called a judicial disqualification, is a request for a judge presiding over a case to remove themselves from that case so a new judge can be chosen.
A recusal is requested by a motion, which the presiding judge may sustain or dismiss. Because of this, the motion should include substantial evidence showing the judicial conflict of interest . If the judge improperly dismisses the motion, the issue may be appealed after the conclusion of the trial.
Title 28 of the Judicial Code, or the United States Code, provides the standards for judicial recusal or disqualification. A judge is required to recuse themselves in any proceeding in which it would be reasonable to question their impartiality.
Both state and federal laws provide that judges are required to recuse themselves if grounds exist to do so. A judge may be subject to punishment for not recusing themselves, depending on the circumstances.
Examples of situations in which a conflict of interest may exist where a judge should likely recuse themselves include:
- A personal connection to a party in a case;
- Personal knowledge of the facts of a case;
- A familial relationship to one of the attorneys; and
- A financial interest in the outcome of the case.
Any party to the case, including the plaintiff or the defendant, may make the motion to request the judge recuse themselves from the case. There is not likely to be a penalty if the judge accidentally does not recuse themself, such as in cases where the judge is not aware that proper grounds for recusal exist. However, if proper grounds for recusal did exist, and the judge was aware, there may be penalties levied against the judge for not doing so.
What are Some Examples of Judicial Misconduct?
A specific example of a judge breaking the law involved a Catoosa County Magistrate Judge in Georgia. This judge engaged in several behaviors which were considered misconduct, including:
- Smoking marijuana at least once a week;
- Using the office to advance the personal interests of a family member, specifically a sister-in-law;
- Inappropriately pointing a firearm at other individuals in the courthouse; and
- Providing the identity of a confidential informant on a television show.
There are a limited number of examples such as these because, thankfully, they are rare. However, there are likely many instances of misconduct that go unreported because individuals are unaware that the behavior constitutes judicial misconduct or they fear the complaint process.
How Can I Prove Judicial Misconduct?
Judicial misconduct may be difficult to prove if an individual does not know all of the rules. Having a basic familiarity with these rules may help prove judicial misconduct because the individual will be aware of what conduct to look for.
It is also important to review the examples listed above. This will help an individual be aware of conduct which is considered judicial misconduct. Other helpful actions may include:
- Taking note of everything possible in writing;
- Requesting a court reporter;
- Bringing other court watchers to any hearings; and
- Having as many issues on paper as possible.
When Can I Complain About Judicial Misconduct?
Any individual is permitted to complain about a federal judge pursuant to 28 USC §§ 351 – 364 if that judge:
- Engaged in conduct that is damaging to the effective administration of a court; or
- Becomes unable to discharge their duties because of a mental or physical disability.
As noted above, an individual does not have the right to complain about judicial misconduct if a wrong or poor decision is made by a federal judge. The remedy in this situation is the right to appeal.
How Does a Judicial Misconduct Complaint Work?
The judicial misconduct complaint process follows a step-by-step procedure. The steps include:
Do I Need an Attorney to File a Judicial Misconduct Complaint?
Yes, it is very important to have the assistance of a government lawyer if you believe judicial misconduct has occurred. Your attorney can guide you through each step of the complaint process, explain the relevant issues, and help you defend your complaint.
Save Time and Money - Speak With a Lawyer Right Away
- Buy one 30-minute consultation call or subscribe for unlimited calls
- Subscription includes access to unlimited consultation calls at a reduced price
- Receive quick expert feedback or review your DIY legal documents
- Have peace of mind without a long wait or industry standard retainer
- Get the right guidance - Schedule a call with a lawyer today!
Need a Government Lawyer in your Area?
By State
LegalMatch Legal Writer
Jennifer joined LegalMatch in 2020 as a Legal Writer. She holds a J.D. from Cumberland School of Law and has been a member of the Alabama State Bar since 2012. She is a certified mediator and guardian ad litem. She holds a B.A. in Criminology and Criminal Justice and a B.A. in Spanish, both from Auburn University. Jennifer’s favorite part of legal work is research and writing. Jennifer enjoyed being a Law Clerk for a distinguished Circuit Judge in Alabama. She is a stay-at-home mom and homeschool teacher of three children. She enjoys reading and long evening walks with her husband. Read More
Jennifer joined LegalMatch in 2020 as a Legal Writer. She holds a J.D. from Cumberland School of Law and has been a member of the Alabama State Bar since 2012. She is a certified mediator and guardian ad litem. She holds a B.A. in Criminology and Criminal Justice and a B.A. in Spanish, both from Auburn University. Jennifer’s favorite part of legal work is research and writing. Jennifer enjoyed being a Law Clerk for a distinguished Circuit Judge in Alabama. She is a stay-at-home mom and homeschool teacher of three children. She enjoys reading and long evening walks with her husband.
Last Updated: Sep 15, 2021Related Articles
- Appealing an Administrative Decision Lawyers
- Personal Responsibility and Work Reconciliation Act of 1996 Lawyers
- Subpoena Duces Tecum Lawyers
- Freedom of Information Act Lawyers
- False Claims Act Litigation
- Administrative Law Hearing Lawyers
- Government Agencies and Programs
- North Dakota Administrative Law
- Montana Administrative Law
- Consequences of Judges Not Recusing Themselves
Discover the Trustworthy LegalMatch Advantage
- No fee to present your case
- Choose from lawyers in your area
- A 100% confidential service
How does LegalMatch work?
We've helped more than 7 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.
Related Articles
- Appealing an Administrative Decision Lawyers
- Personal Responsibility and Work Reconciliation Act of 1996 Lawyers
- Subpoena Duces Tecum Lawyers
- Freedom of Information Act Lawyers
- False Claims Act Litigation
- Administrative Law Hearing Lawyers
- Government Agencies and Programs
- North Dakota Administrative Law
- Montana Administrative Law
- Consequences of Judges Not Recusing Themselves
