How to Pursue a Judge for Misconduct (U.S.)

Step 1: Identify the Type of Judge

Before filing anything, determine whether the judge is:

• Federal (U.S. District Court, Court of Appeals, Bankruptcy, etc.)

• State or Local (county, municipal, superior, family, etc.)

This matters because different agencies handle complaints:

• Federal → Judicial Council of the appropriate U.S. Circuit Court

• State → State Judicial Conduct or Qualifications Commission

Step 2: Review What Counts as Judicial Misconduct

Misconduct usually includes:

• Showing bias or prejudice

• Improper courtroom behavior (rudeness, threats, harassment)

• Conflicts of interest (accepting gifts, favors)

• Abusing power (ignoring law intentionally, using position for personal gain)

• Failing to perform duties (chronic lateness, neglect, etc.)

Not misconduct: legal errors or unfavorable rulings — those are appeal issues, not disciplinary ones.

Each commission has published codes of judicial conduct (look for “Code of Judicial Conduct” on the commission’s website).

Step 3: Gather Evidence

Before you write the complaint:

• Collect dates, court case numbers, names of parties, copies of orders or transcripts, and specific examples of behavior.

• Keep everything factual (avoid emotional or speculative statements).

• Note any witnesses or other documentation.

Step 4: Get the Correct Complaint Form

• Federal: Download “Judicial Misconduct or Disability Complaint Form” from your U.S. Circuit Court of Appeals website.
   https://www.uscourts.gov/judges-judgeships/judicial-conduct-disability

• State: Search for your state’s Judicial Conduct or Qualifications Commission and download its complaint form.
  Example: “Texas State Commission on Judicial Conduct complaint form.”

Most commissions allow:

• Online submission

• Email submission

• Mail or fax (check instructions)

Step 5: Write the Complaint

Your written submission should include:

A. Your Information

• Name, address, contact info

• Whether you’re a party, attorney, or witness

B. Judge’s Information

• Full name, court, city/county

C. Description of Misconduct

• Chronological account: what the judge did, when, where, and why it violates ethics rules

• Use short, clear sentences

• Include copies (not originals) of evidence

D. Signature and Certification

• Most commissions require you to sign that the information is true under penalty of perjury.

Step 6: Submit the Complaint

• Follow your commission’s directions exactly (mailing address, online portal, or email).

• Keep a copy of everything you send.

• Note the date of submission.

Step 7: Acknowledge and Review Process

Once filed:

1. You’ll receive confirmation (by mail or email).

2. The commission does a preliminary review — to see if it falls under their jurisdiction.

3. If accepted, they may:

   • Request more info,

   • Open a formal investigation, or

   • Dismiss if it’s purely a legal disagreement.

If misconduct is found, possible actions include:

• Private reprimand

• Public censure

• Suspension or removal

• Referral to higher court or legislature (in rare cases)

Step 8: Maintain Records and Confidentiality

Judicial discipline investigations are often confidential until final action.
Do not share internal communications publicly while it’s pending — it can harm your complaint.

Step 9: Appeal or Follow Up (if needed)

If your complaint is dismissed, some systems allow:

• Request for review or reconsideration, or

• Filing additional evidence if new facts emerge.

Check the commission’s procedural rules for deadlines (usually 30–90 days).

Optional: Create a Public Resource or Guide

If you’re building a guide for others to use:
Include a template section like:

• Identify judge type (federal or state)

• Find appropriate oversight body

• Gather facts & documents

• Fill complaint form

• Submit with evidence

• Track acknowledgment & decision

You can also add appendices with:

• Sample letters

• Links to each state’s commission website

• Example case outcomes (public disciplinary actions)