| Complaint Process
The Commission reviews complaints concerning the misconduct of judges; it does not, however, have jurisdiction to review judicial decisions or errors of law. Examples of judicial misconduct include; rude, abusive, and improper treatment of lawyers, witnesses, jurors, court staff or others, showing bias toward anyone in the courtroom based on gender, race, ethnicity, religion, etc., and sleeping or drunkenness or other improper conduct while on the bench. Judicial misconduct also may involve improper off-the-bench conduct such as; criminal behavior, improper use of a judge’s authority, publicly commenting on a pending or expected lawsuit, communicating with only one side in a court case or proceeding unless permitted by law, and giving or receiving bribes or favors.
Although the Commission has no prescribed format for lodging a complaint, it does have a suggested complaint form which citizens may use. The Commission will consider information concerning possible misconduct from any source or on its own initiative. The Commission prefers, but does not require, that a complaint be in writing and be as specific as possible. Receipt of a complaint is acknowledged.
In considering claims of misconduct, the Commission looks to the American Bar Association Code of Judicial Conduct as adopted by the District of Columbia Joint Committee on Judicial Administration, along with the advisory opinions of the Committee on Code of Conduct of the Judicial Conference of the United States regarding the Code of Conduct for U.S. Judges, and the advisory opinions of the District of Columbia Courts’ Advisory Committee on Judicial Conduct. Judges under its jurisdiction are deemed to be on notice of the Commission’s published actions as well.
The Commission conducts its proceeding pursuant to the rules in 28 District of Columbia Municipal Regulations Chapter 20, amended December 11, 1992.
The Commission does not provide legal advice to citizens or represent clients. Further, while it does not provide advisory ethics opinions to judges; the Commission is available to assist judges in determining applicable canons and precedent affecting such questions as they might arise. |