- Identify the Judge: Begin your complaint by clearly identifying the judge in question, including their full name, court jurisdiction, and any other relevant identifying information.
- Provide Your Information: Include your own contact information, such as your name, address, phone number, and email address. This information is necessary for the CJP to communicate with you regarding your complaint.
- State the Facts: Present a clear and concise account of the specific actions or conduct of the judge that you believe constitute judicial misconduct. Include dates, locations, and any witnesses or evidence that support your claims.
- Many litigants often make the mistake of fixating on the specifics of their case. It’s important to understand that the Commission on Judicial Performance (CJP) does not review the merits of your case or intervene if a judge has simply made a subjective or unfavorable ruling. The primary responsibility of the CJP is to investigate potential judicial misconduct.
- Do not divert your focus by delving into the intricacies of your case when addressing the CJP. Instead, direct your attention toward the core issue, which is whether the judge’s behavior and actions raise concerns of misconduct. This distinction will help ensure that your complaint is aligned with the CJP’s mandate and purpose and help you avoid being dismissed as a “disgruntled litigant”.
- Describe the Misconduct: Explain in detail how the judge’s actions deviated from established legal standards, ethical guidelines, or the Code of Judicial Conduct. Be specific about the nature of the misconduct, such as bias, inappropriate comments, failure to follow the law, violation of legal rights, or any other alleged violations.
- Attach Supporting Documents: If you have any relevant documents, such as court transcripts, rulings, or correspondence, attach copies to your complaint. These documents can provide additional context and evidence.
- Cite Legal Standards: If applicable, cite specific legal standards, ethical rules, or provisions of the Code of Judicial Conduct that you believe the judge violated.
- Patterns of Misconduct: When writing a judicial complaint, it’s important to identify and describe patterns of judicial misconduct, especially if you have observed judicial misconduct in other cases. Patterns can provide crucial context and evidence to support your complaint. The CJP has been previously cited for failing to address patterns of misconduct potentially highlighted in judicial complaints.
- When a judge displays bias, it’s important to remember that you’re not the only one affected. Collaborating with fellow litigants can offer emotional support and access to valuable resources to assist you during this challenging time.
- Solano County Presiding Judges have gained a reputation for consistently dismissing allegations of bias, as evidenced by the experiences of numerous litigants. There have been instances where Presiding Judges have resorted to intimidating litigants with threats and accusations in an attempt to coerce them into silence.
- Request Remedies: State what specific remedies or actions you are seeking from the CJP. This could include an investigation, disciplinary action, or other appropriate measures.
- Be Objective and Respectful: Maintain a respectful and professional tone throughout your complaint. Stick to the facts and avoid personal attacks or emotional language. Remember, do not rehash the details of your case, focus on the patterns of Judicial Misconduct.
- Sign and Date: Sign and date your complaint to confirm its authenticity.
- Submit Your Complaint: Send your complaint to the Commission on Judicial Performance. Be sure to follow the current submission guidelines, which may include mailing, faxing, or submitting the complaint online through their official website.
Keep copies of all documents and correspondence related to your complaint for your records. Keep a detailed timeline or log of your complaints, dates sent, copies of responses and dates received.
This Is Not Legal Advice
Biased Presiding Judges have attempted to use intimidation tactics, suggesting that helping with the preparation of Judicial Complaints amounts to engaging in the Unlawful Practice of Law. This is why we are sharing this information for the benefit of anyone who needs it.
It’s important to clarify that filing a Judicial Complaint does not constitute the practice of law. There is no requirement to submit Judicial Complaints to the court clerk, nor attach them to the case file. This process is accessible to anyone, whether they are a litigant involved in a case or a witness to judicial misconduct.
We strongly oppose unethical attempts to bully and silence those who are working to address judicial bias and ensure accountability within the legal system.