Review and Investigation of Complaints

The Commission considers complaints concerning the misconduct of judges of the District of Columbia Court of Appeals and the Superior Court of the District of Columbia. The Commission does not provide legal advice to citizens or represent clients. The Commission can not consider complaints against judges in other jurisdiction, federal or administrative law judges, attorneys, or Court employees. If the Commission determines that a matter falls within its jurisdiction, it may order an investigation. Commission investigations may include interviewing witnesses, reviewing court records and other documents, and conducting such other investigation as the issues may warrant. If the investigation substantiates the complaint, the Commission can initiate formal disciplinary action against a judge or resolve the matter through an informal disposition such as a conference with the judge.

If the Commission determines that insufficient facts exist to warrant an investigation or upon initial review the Commission determines that the complaint is unfounded, the complaint will be dismissed accordingly.  Many of the complaints received by the Commission do not involve judicial misconduct.  For example, a judge’s resolution of a case, if error, is reviewable by the District of Columbia Court of Appeals and does not ordinarily constitute judicial misconduct.
 
The Commission normally meets once a month to review all new complaints that have been received as well as any other matters within its jurisdiction.

Although the Commission has no prescribed format for lodging a complaint, it does have a suggested complaint form that 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 21, 2007.