Commission on Judicial Disabilities and Tenure
FAQs
The seven members of the Commision on Judicial Disabilities and Tenure review the conduct of all active and senior judges of the District of Columbia Court of Appeals and the District of Columbia Superior Court. The Commission has no authority over any other court or federal agency. The Commission has the power to:
- Discipline judges for misconduct.
- Involuntary retirement of judges for health reasons.
- Evaluate judges whose terms are about to end and who want to be reappointed.
- Decide whether retiring judges are qualified to serve as senior judges.
The Commision receives complaints from the public about judicial misconduct and meets monthly to review these complaints.
Any person or group of persons who may be aware of possible misconduct or wrongdoing by a judge may file a complaint.
Judicial misconduct is any action by a judge which demeans or abuses any person involved in Court proceedings or which otherwise interferes with the proper administration of justice and tends to bring the judge or the Court into disrepute.
Listed below are some kinds of judicial misconduct that could lead the Commission to discipline a judge:
In the Courtroom:
- Rude, abusive and improper treatment of lawyers, witnesses, jurors, court staff and others.
- The showing of bias toward anyone in the courtroom based on gender, race, ethnicity, religion, etc.
- Sleeping or drunkenness or other improper conduct while on the bench.
Outside the Courtroom:
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Criminal behavior.
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Improper use of a judge's authority.
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Allowing family, friends, or others to influence a judge's decisions or to play a role in the way a judge administers justice. This includes reducing charges or fines or transferring cases.
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Misuse of publice property, funds, or resources.
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Giving or receiving bribes or favors.
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Commmunicating with only one side in a court case or proceeding unless permitted by law.
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Interfering with the attorney-client relationship.
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Publicly commenting on a pending or expected lawsuit.
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Seeking to influence a pending or expected lawsuit not properly before him or her.
Commision members review each complaint they receive. First, they review the complaint to decide if the Commission has the authority to deal with it. If so, the Commission can order an investigation.
The Commision can censure or reprimand a judge either publicly or privately, and if warranted, can remove a judge.
Yes. The Commission cannot review or consider any decisions of fact or law made by a judge in any case. This can be done only by formal appeal to the District of Columbia Court of Appeals. In addition, the Commision cannot take the following actions:
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lack merit
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are not within its jurisdiction, or which
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even if true, do not allege matters which would constitute grounds for removal.
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Remove a judge from a case and have a new judge appointed to it.
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Give legal advice or represent clients.
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Consider complaints against magistrate judges, lawyers, or employees of the Courts.
The Commission prefers to receive written complaints. The Commission has a form that can be used for this purpose.
Complaints may also be filed by phone or by talking with the Executive Director of the Commission. Please call 202-727-1363 for an appointment. Complaints may be made anonymously.
Each complaint must include the name of the judge, all important dates, the name and number of the case, and a detailed description of the action or behavior of the judge prompting the complaint. A person filing a complaint may attach copies of related court documents and transcripts, which support the complaint.
With limited exceptions the Commission is required by law to maintain the confidentiality of complaints and proceedings.
Most complaints are deposed of within 60 days. The exact amount of time it takes to resolve a complaint depends on the merits of the case and how difficult the issues are.
No. A complaint of judicial misconduct is a matter that is totally separate from the case that is before the Court. Anyone who decides that it is appropriate to file an appeal should proceed with the timely filing of the appeal.
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