How do I file a complaint?
Mail a simple letter to the address below in which you provide the name of the judge and describe the alleged misconduct of the judge. No particular form is required. Complaints may not be filed by fax, e-mail nor taken over the telephone. Complaints should be mailed to:
JUDICIAL STANDARDS COMMISSION
P.O. Box 1122
Raleigh, North Carolina 27602
What should be in my complaint?
Complaints should describe in detail what the judge did that you believe is misconduct. For example, a complaint should not simply state conclusions such as "the judge was rude" or "the judge was biased." Instead, the complaint should fully describe what the judge did and said. If a court document or an audio or video tape evidences the misconduct, you may submit a
copy
or mention it in your complaint. It is helpful if the following information is provided:
- your name, mailing address, and telephone number
- the name andtelephone number of any witness to the events described
- the name of the judge or judges
- the date or dates on which the conduct occurred
- the type of court case involved and your relationship to the case
What does the Commission do with my complaint?
When a complaint is received it is reviewed to determine whether it is within the Commission's jurisdiction, and a "preliminary investigation" may be made to verify allegations. Materials submitted by complainants are provided to commission members serving as an "investigative panel". At its regular panel meetings, the Commission carefully reviews all allegations. Complaints are dismissed if they involve legal issues over which the Commission has no authority, or if no violation can be proven.
Where the "investigative panel" finds probable cause and believes it has a sufficient basis to proceed, it will either: 1) issue a private letter of caution; 2) upon agreement by the respondent judge, order a public reprimand; or 3) order the filing of a statement of charges to institute disciplinary proceedings.
A "hearing panel" of the Commission will conduct a public fact-finding hearing. At such hearing, the judge has the right to defend against the charges and to be represented by a lawyer. Witnesses and documents may be subpoenaed. If no violation is found, the matter will be dismissed without a recommendation for discipline. If a violation of the Code of Judicial Conduct is found by clear and convincing evidence, the Commission may recommend to the Supreme Court of North Carolina discipline in the form of: 1) censure; 2) suspension; 3) removal from office; or 4) removal from office for physical or mental incapacity.
Final authority to determine whether the Commission's recommendation is appropriate rests with the Supreme Court of North Carolina after the parties have had a chance to make arguments according to the Rules for Supreme Court Review of Recommendations of the Judicial Standards Commission. This means that the parties have a right to file briefs making separate arguments to the Supreme Court, to file appropriate motions, and to request that the Court schedule the case for oral arguments. Upon review of the entire record, the Supreme Court may accept, reject or modify the recommendation of the Commission.
How long does it take to resolve a complaint of judicial misconduct?
A Commission panel normally meets every month, so disposition of a complaint can vary from a few weeks to several months, depending on its complexity, or longer in cases involving the filing of disciplinary proceedings.
Will the Commission return materials or photocopy documents I have provided to it?
The Commission generally
will not photocopy or return materials submitted to it, due to budget and staffing constraints, and the policy to retain files on all complaints for an extended period of time. Only send duplicates of supporting documents or records with your complaint. Make sure you
keep all original documents and records.
Are complaints to the Commission confidential?
North Carolina General Statutes and Commission rules require confidentiality during the investigation process. During the preliminary inquiry, the accused judge often does not even know about a pending complaint. However, in order to undertake an investigation, inquiries are often directed to the accused judge, attorneys, court employees, and others, which require the disclosure of certain information regarding a complaint. Neither Commission members nor staff may disclose the existence or contents of a complaint or investigation to third parties except as necessary to conduct that investigation. An exception may occur when, in the public interest, the Commission may issue a public statement confirming a pending investigation, a completed investigation resulting in insufficient evidence for filing a complaint, or with the consent of the respondent judge, that the investigation is complete and some specified disciplinary action has been taken. Discretionary waivers of confidentiality may also occur under limited conditions.
If the matter is sufficiently serious to warrant a filing of formal charges, the Commission provides the judge under review with the information compiled during the Commission's investigation, including the name of the complainant.
After the Commission files formal charges against a judge and receives the judge's response to the charges, the Commission makes public the charges and the judge's response. All subsequent proceedings regarding the formal charges will be public. However, the Commission's deliberations in reaching any decision regarding the charges are not public.
The complainant will be notified as to what action is taken regarding the complaint unless the disposition is a private letter of caution.
Why is my complaint confidential?
Confidentiality is intended to encourage complainants to express their concerns without fear of reprisal or retribution. It is further intended to protect a judge's reputation and the integrity of the judicial process from unsubstantiated allegations.
How long do I have to file a complaint?
Complaints regarding alleged political misconduct must be filed within three months of the act or omission allegedly giving rise to the violation. Complaints to address all other types of misconduct must be filed within three years of the occurrence of the alleged misconduct, provided, however, disciplinary proceedings may be instituted at any time against a judge convicted of a felony during the judge's tenure in judicial office.
I don't think the judge followed the law. Can the Commission assist me with my court case?
No. The commission is not an appellate court. The commission's authority is limited by law to investigating complaints and, if appropriate, recommending discipline of the judge to the Supreme Court of North Carolina. The commission does not have the authority to issue orders in any case, including ordering anyone to be released from jail, granting a new trial, disqualifying a judge from hearing a case, assigning a new judge to a case, or granting or changing custody, visitation or child support orders. Neither the commission nor its staff is authorized to give legal advice or respond to requests for assistance with individual legal matters. The Commission is not a substitute for protecting your legal rights. You should contact a practicing lawyer to protect your rights.
What is the difference between judicial misconduct and legal errors?
Appellate courts have the authority and responsibility to review and possibly reverse judge's legal decisions, but the Commission cannot do that. Even if a judge's decision is legally or factually wrong and serious harm results, that is generally considered to be legal error and not an ethical misconduct that the Commission can address. Judges are empowered and expected to exercise their discretion in making decisions. It is possible that a legal error could also show evidence of ethical misconduct, which is what the Commission is empowered to consider, if the error or exercise of discretion was motivated by an improper motive (such as bias, conflict of interest, or revenge), or if the legal error was exceptionally serious and obvious, or if there was a pattern or practice of legal error demonstrating incompetence or disability.
Because judges are expected to exercise discretion and because their legal decisions can be wrong without being unethical, proving improper motive, etc, as an ethical issue can be time consuming and difficult to prove. If a complainant has evidence of a judge's misconduct that led to an improper result, such evidence should be provided with the complaint. Again, it is important to stress that the judge's decision can only be changed using court procedures. The judge's decision will not be affected by any action taken by the Commission.
Should I delay my appeal until my complaint for judicial misconduct is concluded?
No. The time allowed for an appeal may expire. You should proceed with whatever remedy is available to you within the court system to correct any judicial errors you believe were committed in your case, usually within 30 days of the date of the decision about which you complain. Your complaint of judicial misconduct is totally separate and independent of your litigation and will have no effect on any legal decision on appeal.
Will my complaint automatically disqualify the judge from further involvement in my case?
Filing a complaint against a judge with the Commission is not itself sufficient reason to disqualify a judge from your case. The Commission will only review your complaint to determine whether or not misconduct has occurred. Disqualification is determined in court proceedings by a judge.
Can judges be suspended from office while under investigation for misconduct?
Yes. If an investigative panel determines that immediate suspension of the judge is required for the proper administration of justice, it may recommend to the Chief Justice of the Supreme Court of North Carolina that such judge be temporarily suspended pending final disposition of the inquiry. Suspension is at the discretion of the Chief Justice
What is judicial misconduct?
Judicial misconduct is any violation of the Code of Judicial Conduct, which may include, but is not limited to, the following:
- failure to perform duties impartially and diligently
- failure to dispose promptly of the business of the court
- allowing family, social or political relationships to influence judicial decision-making
- conflict of interest
- expressions of bias based on race, gender or ethnicity
- rude, abusive and otherwise improper treatment of parties, counsel, witnesses, etc.
- communicating improperly with only one side to a proceeding
- excessive use of intoxicating drinks or drugs
- commenting on or interfering with a pending or impending case
- improper election campaign conduct
- criminal behavior
Judicial incapacity is a disability which is, or is likely to become, permanent and which interferes with the performance of judicial duties. It can be a physical or mental disability, which may include, but not be limited to, the following:
- alcohol or drug addiction
- senility
- physical illness
- mental illness
Judicial misconduct does not include:
- rulings on the law and/or the facts
- matters within the discretion of the trial court
- rulings on the admissibility of evidence
- rulings involving alimony, child support, custody or visitation rights
- sentences imposed by the court
- believing or disbelieving witnesses
If I am uncertain about whether to file a complaint, is there someone I can talk to first?
Yes. You can call the Commission's office and talk to the Commission's staff before you decide to file a complaint. The staff will attempt to answer general questions regarding the Commission's procedures and jurisdiction. However, the staff will not be able to tell you if a judge has actually committed misconduct or give you legal advice.
May I speak privately with individual Commission Members or personally appear before the Commission at a regular panel meeting?
No. All communications with the Commission must be in writing.
What positions fall under the Commission's jurisdiction?
- Justices of the Supreme Court
- Judges of the Court of Appeals
- Judges of the Superior Court
- Judges of the District Court
The Commission does not have jurisdiction over attorneys, magistrates, clerks of court, administrative law judges, Industrial Commission Commissioners and Deputy Commissioners, and federal judges.