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State of California
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HOW TO FILE A COMPLAINT Who can file a complaint? Anyone may file a complaint. The commission regularly receives complaints from litigants, lawyers, members of the public, judges, court staff, legislators and others. How do I file a complaint? Complaints must be in writing. Electronic filing of complaints is not yet available. Complaints should be mailed to: COMMISSION ON JUDICIAL PERFORMANCE What should be in my complaint? Complaints should describe in detail what the judge did that you believe is misconduct. For example, 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 tape evidences the misconduct, you may submit a copy or mention it in your complaint. It is helpful if the following information is provided on the complaint form:
What happens next? Each complaint is acknowledged by letter when it is received at the commission office. Each complaint submitted to the commission is carefully and thoroughly reviewed and investigated as appropriate. It is difficult to predict how long it will take for the commission to reach a final decision regarding a particular complaint. Some complaints can be handled quickly; others are more complex. Will I be told what happens to my complaint? Each person who submits a complaint is notified in writing after the commission’s decision regarding the complaint. What types of conduct does the commission investigate? Some examples of judicial misconduct are improper demeanor, failure to disqualify when the law requires, receipt of information about a case outside the presence of a party, abuse of contempt or sanctions, and failure to be impartial. A chart [ Types of conduct resulting in discipline ], lists all of the types of conduct disciplined in 2006. What if I think the judge's ruling was wrong? A judge's error in a decision or ruling -- by itself -- is not misconduct. Appeal may be the only remedy for such an error, or there may be no remedy. Orders as to custody, visitation and setting child support, as well as fines and sentences in traffic or criminal cases -- if not outside the parameters set by law -- are generally within the discretion of the trial court and are not usually matters for the commission. The California Supreme Court has determined that a judge who commits legal error is subject to investigation and possible discipline only if the legal error clearly and convincingly reflects in addition bad faith, bias, abuse of authority, disregard for fundamental rights, intentional disregard of the law, or any purpose other than the faithful discharge of judicial duties. [Oberholzer v. Commission on Judicial Performance,20 Cal.4th 371 (1999).] What can't the commission do? The commission is not an appellate court. The commission’s authority is limited by law to investigating the complaint and, if appropriate, disciplining the judge. The commission does not have the authority to issue orders in any case, including ordering anyone to be released from jail, granting a new trial, disqualifying a judge from hearing a case, assigning a new judge to a case, or granting or changing custody, visitation or child support orders. Neither the commission nor its staff is authorized to give legal advice or respond to requests for assistance with individual legal matters.
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