| Author
|
Post |
 
|
|
untanglingwebs
El Supremo
|
Judicial Misconduct
Photo of page author Ken LaMance Authored by Ken LaMance, LegalMatch Law Library Managing Editor and Attorney at Law
What is Judicial Misconduct?
Judicial misconduct is a serious deviation from the accepted practice of a judge in the judicial arena. Some examples include:
Giving special treatment to friends or relatives,
Placing their personal schedule before those of the parties,
Accepting bribes, or
Improperly discussing a case with an attorney.
28 USC §§ 351 - 364 allows any person to complain about a federal judge who they believe has committed judicial misconduct.
How Can Judges Break the Law Inside the Court Room?
There are some ways a corrupt judge may abuse the law he or she is suppose to uphold:
Lying under oath. Remember a judge is always under oath in the courtroom,
Citing invalid laws or precedents. This is extremely hard to catch if you’re not prepared to discuss these topics,
Ignoring certain laws or precedents. This is more unusual because a judge typically can’t ignore a law without explaining why. The judge would have to break two rules in order to accomplish this one.
Can I Ask A Judge To Recuse Himself If I Believe He Is Biased?
Recusal is a request for the judge of the presiding case to excuse himself from the case so that a new judge may be chosen. Although an attorney or pro se litigant may ask a judge to recuse himself from the case, there should be substantial evidence for judicial conflict of interest because the judge in question has the right to sustain or dismiss the motion. The recusal motion may have to be appealed when the trial is over.
How Can I Prove Judicial Misconduct?
Judicial misconduct can be extremely hard to prove if you don’t know all the rules. This can especially difficult for average citizens because the rules that must be watched are procedural rules which, frankly, most people find tedious to learn.
Being familiar with these rules, however, can help prove judicial misconduct because a corrupt judge has to brush aside all motions in order to reach the corrupt judge’s predetermined outcome. The motions, however, are there to ensure fairness by allowing a party to ask for additional hearings or other outside factors.
Other helpful tips:
Take note of everything in writing
Always ask for a court reporter
Bring court watchers to all hearings
Leave as much of a paper trail as possible
When Can I Complain About Judicial Misconduct?
Anybody is allowed to complain about a federal judge under 28 USC §§ 351 - 364, if the federal 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.
Excluded from the right to complain about judicial misconduct is the poor or wrong decision making of a federal judge. The remedy for such a situation lies in the right to an appeal, not complaining about judicial misconduct.
How Does a Judicial Misconduct Complaint Work?
As already stated above, a complaint for judicial misconduct begins with an individual who believes that a federal judge has seriously deviated from their duties. Such complaints follow a general step-by-step process.
The complaining individual must obtain the pre-established form for complaining about judicial misconduct from the clerk of the court.
The complaint is filed with the clerk of the court and given to the Chief Judge of that district.
The Chief Judge reviews the complaint, and determines if it should be dismissed or further investigated.
If the Chief Judge thinks the complaint needs more investigation, he or she will appoint a special committee to investigate the complaint.
The special committee will take the findings of their investigation and submit a report to a pre-established Judicial Council in the district.
Finally, the Judicial Council will make the decision about what steps should be taken to remedy any judicial misconduct.
Do I Need an Attorney to File a Judicial Misconduct Complaint?
If you think you have been subjected to judicial misconduct, it is recommended that you contact an attorney because complaining about judicial misconduct can quickly become very complicated. Only an attorney can adequately guide you through the process of complaining about judicial misconduct, explain the relevant issues, and help defend your rights or find an alternative remedy for you situation.
- See more at: http://www.legalmatch.com/law-library/article/judicial-misconduct.html#sthash.JdfDMcQa.dpuf |
|
|
Thu Sep 01, 2016 11:52 am |
|
|
untanglingwebs
El Supremo
|
Why would a judge be facing misconduct charges?
Judge hit with misconduct charges for derogatory comments about ...
www.politico.com/states/florida/story/2016/07/judge-hit-with-misconduct-charges-for-derogatory-comments-about-black-people-women-104040
Jul 20, 2016 ... TALLAHASSEE — A Jacksonville circuit court judge is facing state judicial ... doesn't think [Hulsey] would ever make a derogatory remark about ...
Articles about Judicial Misconduct - tribunedigital-chicagotribune
articles.chicagotribune.com/keyword/judicial-misconduct
2 ex-judges facing misconduct charges ... Jackson told The Associated Press on Tuesday that the agency will decide whether greenhouse gases are a danger to ...
Judge Elum faces charges of professional misconduct - News - The ...
www.indeonline.com/article/20151217/NEWS/151219412
Dec 17, 2015 ... Judge Elum faces charges of professional misconduct ... Elum directed the landlord to resolve the dispute in a way that would have been ... |
|
|
|
Thu Sep 01, 2016 11:57 am |
|
|
untanglingwebs
El Supremo
|
Welcome To Michigan Judicial Tenure Commission
jtc.courts.mi.gov/
The Judicial Tenure Commission serves to promote the integrity of the judicial process and preserve public confidence in the courts. The Commission strives to ...
How to File a Grievance - Michigan Judicial Tenure Commission
jtc.courts.mi.gov/file_a_grievance/index.php
Anyone can file a complaint against a judicial officer in Michigan. ... the jurisdiction of the Commission, so it may not act concerning federal judges, administrative ... |
|
|
|
Thu Sep 01, 2016 12:02 pm |
|
|
untanglingwebs
El Supremo
|
Request for Investigation Form - Michigan Judicial Tenure Commission
jtc.courts.mi.gov/file_a_grievance/how_to_file_a_grievance.php
Please use this Request for Investigation form to submit a complaint alleging misconduct concerning a State of Michigan judicial officer to the Commission.
.
How to File a Grievance - Michigan Judicial Tenure Commission
jtc.courts.mi.gov/file_a_grievance/index.php
Anyone can file a complaint against a judicial officer in Michigan. Just download the Request for Investigation form by clicking on the tab at the left. Please note ...
[PDF]access a form here - Michigan Judicial Tenure Commission
jtc.courts.mi.gov/docs/RFI_October2015.pdf
MICHIGAN JUDICIAL TENURE COMMISSION. REQUEST FOR INVESTIGATION FORM. I. INFORMATION ABOUT YOU: 1 st. Name: Mr. or Ms.. Prisoner # if ... |
|
|
|
Thu Sep 01, 2016 12:07 pm |
|
|
untanglingwebs
El Supremo
|
ome How to File a Grievance Request for Investigation Form
Request for Investigation Form
Please use this Request for Investigation form to submit a complaint alleging misconduct concerning a State of Michigan judicial officer to the Commission.
The court rules require that every person filing a grievance (“the grievant”) have his or her signature verified (i.e., notarized) to establish that he or she has sworn to the truthfulness of the statements made in the grievance. Although a second grievant is optional, if two individuals are listed as submitting the document, each person must sign the form with a separate notarization. The Request for Investigation form has an area for a second signature and notarization, which should be filled out only if a second person joins in the complaint. There is a maximum of two grievants per Request for Investigation form.
The space on the form for submitting your allegations is limited. You may attach additional pages if necessary to set forth your allegations of improper conduct by the judicial officer. Your submission may include copies (not originals) of any relevant documents or transcripts. Because of the requirements of an original signature and verification by a notary public, Requests for Investigation MAY NOT be submitted electronically (that is, by e-mail or facsimile), and WILL NOT be accepted if they are sent in that manner. Therefore, Requests for Investigation and any accompanying documents must be submitted to:
JUDICIAL TENURE COMMISSION
3034 WEST GRAND BOULEVARD
SUITE 8-450
DETROIT, MI 48202
OUR ADDRESS/PHONE
Judicial Tenure Commission
3034 West Grand Blvd.
Suite 8-450
Detroit, MI 48202
(313) 875-5110 |
|
|
|
Thu Sep 01, 2016 12:12 pm |
|
|
untanglingwebs
El Supremo
|
Welcome to Attorney Grievance Commission
www.agcmi.org/
The Attorney Grievance Commission of Michigan is dedicated to protecting the public and maintaining the integrity of the legal profession. The Commission ...
Attorney Discipline Board - State of Michigan
www.adbmich.org/
The Attorney Discipline Board is the adjudicative arm of the Michigan Supreme ... the Attorney Grievance Commission has filed a formal complaint alleging that a ...
Attorneys - Attorney Discipline Board - State of ...
www.adbmich.org/checker.htm
Grievances filed with the Attorney Grievance Commission which did not result in the ... Directory with contact information for actively licensed Michigan attorneys.
Fee Disputes - Attorney Discipline Board - State...
www.adbmich.org/faqs.htm
... after I file a Request for Investigation with the Attorney Grievance Commission ( "AGC")?
F |
|
|
|
Thu Sep 01, 2016 12:23 pm |
|
|
untanglingwebs
El Supremo
|
How to file a request for investigation
Investigation confidentiality of agc investigations
The Investigation process
Home » Investigation » How to File a Request for Investigation
How to File a Request for Investigation
299
Anyone may file a Request for Investigation against an attorney licensed by the State Bar of Michigan, or otherwise permitted by a court to practice in the state, by completing and signing the AGC’s Request for Investigation form or by sending in a signed letter. THE FORM OR LETTER MUST BE SIGNED AND SUFFICIENTLY DESCRIBE THE ALLEGED MISCONDUCT (INCLUDING APPROXIMATE TIME AND PLACE). The Request for Investigation may include copies of any relevant documents or transcripts. A Request for Investigation must contain an original signature therefore, Requests for Investigation are not accepted electronically or by facsimile.
A copy of the Request for Investigation form can be requested by calling the AGC at (313) 961-6585, or can be downloaded by clicking here. Requests for Investigation and any accompanying documents can be sent to:
Michigan Attorney Grievance Commission
535 Griswold, Suite 1700
Detroit, MI 48226
The Grievance Administrator may also institute an investigation on his own based upon knowledge gained from other ways, such as news articles, court opinions, or information received in the course of a disciplinary investigation.
Click for Request for Investigation Form... |
|
|
|
Thu Sep 01, 2016 12:26 pm |
|
|
untanglingwebs
El Supremo
|
Attorneys - Attorney Discipline Board - State of ...
www.adbmich.org/checker.htm
From this page you can find the notices of discipline, disability, or reinstatement published by the Attorney Discipline Board for all Michigan attorneys who have .
..................................................................................................
This link will tell you if and what disciplinary actions have occurred with an attorney you are considering to hire. |
|
|
|
Thu Sep 01, 2016 12:35 pm |
|
|
|
FAQ
Search
Memberlist
Register
Profile
FlintTalk.com Forum Index
> Political Talk
