This email confirms that your complaint has been successfully submitted to the District of Columbia Commission on Judicial Disabilities and Tenure (“the Commission”).  

We would like to take this opportunity to provide you with some important information about the Commission and its processes.

About The Commission:

The Commission is an independent body, created by federal statute, with jurisdiction and authority over judges in the District of Columbia Courts, namely the Superior Court for the District of Columbia and the District of Columbia Court of Appeals.

Among its responsibilities, the Commission investigates complaints and concerns regarding judicial conduct. The Commission’s statute authorizes it to review a range of conduct, on and off the bench, which may constitute misconduct or conduct that otherwise: (i) constitutes a willful and persistent failure to perform judicial duties; (ii) seriously interferes with the judge’s ability to perform his or her judicial duties; (iii) is prejudicial to the administration of justice; or (iv) brings the judicial office into disrepute. The Commission’s governing statutes and Rules, and the District of Columbia Code of Judicial Conduct (“the Code”) are located on the Commission’s website at https://cjdt.dc.gov/page/governing-provisions-and-regulations.

While the Commission has broad authority to review a judge’s conduct and performance, the Commission is not an appellate court. The Commission has no authority to change a judge’s determination of facts or law. Therefore, if a complaint argues that the judge made the wrong legal or factual decision in a case, the Commission does not have jurisdiction and will dismiss the complaint. The proper reviewing body for that kind of concern is the District of Columbia Court of Appeals. 

Confidentiality:

All complaints and information received by the Commission and the Commission’s investigation to evaluate and resolve complaints are privileged and confidential by law, absent a statutory exemption. See D.C. Code §11-1528(a)-(b). Your filing of this complaint and the information you provide also is subject to confidentiality under this law.

Confidentiality protects the complainant (you), witnesses who cooperate with the Commission, and the judge. Therefore, it is entirely possible that you will not be made aware of the Commission’s investigation or specific actions or discussions with respect to your complaint. You may be assured, however, that the Commission considers every complaint carefully, and you will be informed when the matter has been resolved.

Next Steps:

The Commission will review your complaint to determine if it has jurisdiction over the judge and the matter raised.

If the Commission does have jurisdiction, the Commission will direct further investigation which may include, for example, a review of court records, case files, transcripts, hearing tapes, correspondence, and other relevant documentation, such as medical records. As appropriate, the Commission also may direct that interviews of you, witnesses, and/or the judge be conducted.

After gathering and reviewing relevant evidence:

1. If the Commission determines the evidence does not support the allegations or concerns in the complaint, the Commission will dismiss it.
2. If the Commission determines the complaint has merit and the conduct justifies formal proceedings against the judge, the Commission will take steps required by statute to formally notice the judge and institute formal proceedings to remove or involuntarily retire the judge from office.  
3. If the Commission determines the judge’s conduct constitutes misconduct or otherwise falls within its statute but does not warrant removal or involuntary retirement, the Commission may impose a lesser sanction, such as a public censure, a private reprimand, counselling, or other form of agreed-upon resolution to avoid or mitigate future problems.  

On behalf of the Commission, thank you for sharing your concerns with us.  

If the Commission needs further information, you will be contacted by the Commission’s Staff or Special Counsel. Otherwise, to the extent permissible by law, the Commission will inform you when your complaint has been resolved.  

We hope this information is helpful to you. If you have additional questions, do not hesitate to contact us or you can find more information on the Commission’s website at https://cjdt.dc.gov/.