Sat. Apr 13th, 2024

How to File a Complaint Against a Judge in California?

Can I complain about Judge Misconduct ?

Filing a Complaint


Online Complaint Instructions and Form  

Printable Complaint Form

How Do I File a Complaint?

Complaints must be in writing. You may use the commission’s Online Complaint FormPrintable Complaint Form, or write a letter to the commission. Complaints not submitted online must be submitted to the commission office:

COMMISSION ON JUDICIAL PERFORMANCE
455 Golden Gate Avenue, Suite 14400
San Francisco, California 94102

You may fax a complaint under 10 pages to (415) 557-1266. The commission does not accept complaints by phone. If you have a disability that prevents you from submitting a written complaint, please contact the commission’s office to discuss how this office can best accommodate your needs.

If your complaint is about a subordinate judicial officer (an attorney employed by the court to serve as a court commissioner or referee), your complaint must first be directed to the court in which the subordinate judicial officer serves. If you are unsatisfied with the court’s response to your complaint, you may submit your complaint to the commission, within 30 days of the mailing of the court’s response.

See Overview of Commission Proceedings and Commission Proceedings Chart for further information.

Can the Commission Handle a Complaint About Any Judge?

No. The commission’s jurisdiction includes all judges of California’s superior courts and the justices of the Court of Appeal and Supreme Court.  The commission also has jurisdiction over former judges for conduct prior to retirement or resignation.  Additionally, the commission shares authority with the superior courts for the oversight of court commissioners and referees. The Director-Chief Counsel of the commission is designated as the Supreme Court’s investigator for complaints involving the judges of the State Bar Court. However, the commission does not have authority over federal judges, workers’ compensation judges, judges pro tem or private judges. (See Questions 10 through 14 on the FAQ’s page for further information.)

What Should Be in My Complaint?

  • Name of the judge, court commissioner or referee
  • Court in which the judicial officer serves
  • Case type, name, and number, if the conduct involves a case, and your relationship to the case
  • Date or dates on which the conduct occurred
  • Detailed description of the action or behavior that you believe is misconduct
    • 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 judicial officer did and said. If a court document, such as a minute order or transcript, or an audio or video recording shows the misconduct, you may submit a copy (do not send original documents) or mention it in your complaint.
    • An error in a judge’s decision or ruling is not, by itself, misconduct. A complaint that describes a legal error, but does not describe judicial misconduct, will not be investigated.  For example, allegations that a judge has wrongfully excluded evidence, imposed an improper sentence, awarded custody to the wrong party, incorrectly awarded spousal or child support, incorrectly resolved a legal issue, or believed perjured testimony do not generally constitute misconduct.
    • It is not necessary to provide legal analysis or a discussion of the applicable canons of the Code of Judicial Ethics.  What is needed is a full statement of facts describing the judicial officer’s misconduct.
  • Names and telephone numbers of any witnesses to the events described
  • If your complaint is about a court commissioner or referee, provide copies of your correspondence to and from the local courts; your complaint must be received within 30 days of the mailing of the local court’s response

As a further resource, you may view fictitious examples of complaints that would warrant further inquiry, and could, if proven by clear and convincing evidence, result in a finding of judicial misconduct.

What Types of Conduct Does the Commission Investigate?

Some examples of judicial misconduct are rude, abusive, and improper treatment of lawyers, litigants, witnesses, jurors, court staff or others, failure to disqualify when the law requires, receipt of information about a case outside the presence of one party, abuse of contempt or sanctions, and delay in decision-making. Judicial misconduct may include off-the-bench conduct such as criminal behavior, improper use of a judge’s authority, publicly commenting on a pending or expected court case, and giving or receiving bribes or favors. Conduct for which discipline has been imposed has been categorized by Types of Misconduct.

The commission’s prior discipline provides many examples of misconduct.  The Public Discipline Database may be searched by types of misconduct.  The Summaries of Private Discipline also describe types of misconduct.

What if I Think the Judge’s Ruling Was Wrong?

An error in a judge’s decision or ruling, by itself, is not misconduct. Appeal may be the only remedy for such an error, or there may be no remedy. The commission is not an appellate court. The commission’s authority is limited by law to investigating the complaint and, if appropriate, imposing discipline. The commission does not have the authority to change a judge’s decision or ruling or 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.

What Happens After I File My Complaint?

Each complaint is acknowledged by letter when it is received at the commission office. The commission considers each complaint and determines whether sufficient facts exist to warrant an investigation or whether the complaint is unfounded and should not be pursued. Until the commission has authorized an investigation, staff does not contact the judge or court personnel; however, to assist the commission in its initial review of a complaint, the commission’s legal staff will research any legal issues and may obtain additional relevant information from the complainant.  The commission’s procedures are explained in Overview of Commission Proceedings.

How Long Will It Take the Commission to Reach a Decision on My Complaint?

It is difficult to predict how long it will take for the commission to reach a final decision regarding a particular complaint. Some complaints can be handled quickly; others are more complex and take more time.

Will I Be Told What Action the Commission Has Taken on My Complaint?

Each person who submits a complaint is notified in writing after the commission has reached a final decision regarding the complaint. Unless public discipline has been issued, the complainant will be advised either that the commission has closed the matter or that appropriate corrective action has been taken, the nature of which is not disclosed. When public discipline is issued, the notice of such discipline is provided to the complainant.

Are Complaints Treated Confidentially?

The California Constitution and the rules governing the commission provide for confidentiality of complaints and investigations. During the investigation process, considerable effort is made to protect complainants’ and witnesses’ identities. If the matter is sufficiently serious to warrant the filing of formal charges, the case becomes public and the charges and all subsequently filed documents are made available to the public, and any hearings in the matter are open to the public. A complainant may be called to testify at the hearing.

 

cited https://cjp.ca.gov/file_a_complaint

 


 

 

 



To Learn More…. Read MORE Below and click the links Below 


Abuse & Neglect The Reporters  (Police, D.A & Medical & the Bad Actors)

If You Would Like to Learn More About: The California Mandated Reporting Law Click Here

To Read the Penal Code § 11164-11166 – Child Abuse or Neglect Reporting Act – California Penal Code 11164-11166 Article 2.5. (CANRAClick Here

 Mandated Reporter form Mandated Reporter FORM SS 8572.pdfThe Child Abuse

ALL POLICE CHIEFS, SHERIFFS AND COUNTY WELFARE DEPARTMENTS  INFO BULLETIN Click Here Officers and DA’s  for (Procedure to Follow)

It Only Takes a Minute to Make a Difference in the Life of a Child learn more below

You can learn more here California Child Abuse and Neglect Reporting Law  its a PDF files taken from


Learn More About True Threats Here below….

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CURRENT TEST = We also have the TheBrandenburg testfor incitement to violence 1st Amendment

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We also have the True Threats – Virginia v. Black is most comprehensive Supreme Court definition – 1st Amendment

We also have the Watts v. United StatesTrue Threat Test – 1st Amendment

We also have the Clear and Present Danger Test – 1st Amendment

We also have the Gravity of the Evil Test – 1st Amendment

We also have the Elonis v. United States (2015) – Threats – 1st Amendment


Learn More About What is Obscene…. be careful about education it may enlighten you

We also have the Miller v. California 3 Prong Obscenity Test (Miller Test) – 1st Amendment

We also have the Obscenity and Pornography – 1st Amendment


Learn More About Police, The Government Officials and You….

$$ Retaliatory Arrests and Prosecution $$

We also have the Brayshaw v. City of Tallahassee1st Amendment Posting Police Address

We also have the Publius v. Boyer-Vine –1st Amendment Posting Police Address

We also have the Lozman v. City of Riviera Beach, Florida (2018) – 1st Amendment – Retaliatory Police Arrests

We also have the Nieves v. Bartlett (2019)1st Amendment – Retaliatory Police Arrests

We also have the Hartman v. Moore (2006)1st Amendment – Retaliatory Police Arrests
Retaliatory Prosecution Claims
Against Government Officials1st Amendment

We also have the Reichle v. Howards (2012) – 1st Amendment – Retaliatory Police Arrests
Retaliatory Prosecution Claims
Against Government Officials1st Amendment

We also have the Freedom of the Press – Flyers, Newspaper, Leaflets, Peaceful Assembly – 1st Amendment

We also have the Insulting letters to politician’s home are constitutionally protected, unless they are ‘true threats’ – Letters to Politicians Homes – 1st Amendment

We also have the First Amendment Encyclopedia very comprehensive 1st Amendment


ARE PEOPLE LYING ON YOU? CAN YOU PROVE IT? IF YES…. THEN YOU ARE IN LUCK!

We also have the Penal Code 118 PC – California Penalty of “Perjury” Law

We also have the Federal Perjury – Definition by Law

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We also have the Penal Code 134 PCPreparing False Evidence

We also have the Penal Code 118.1 PCPolice Officer$ Filing False Report$

We also have the Spencer v. PetersPolice Fabrication of Evidence – 14th Amendment

We also have the Penal Code 148.5 PC –  Making a False Police Report in California

We also have the Penal Code 115 PCFiling a False Document in California


Sanctions and Attorney Fee Recovery for Bad Actors

FAM § 3027.1 – Attorney’s Fees and Sanctions For False Child Abuse AllegationsFamily Code 3027.1 – Click Here

FAM § 271 – Awarding Attorney Fees– Family Code 271 Family Court Sanction Click Here

Awarding Discovery Based Sanctions in Family Law Cases – Click Here

FAM § 2030 – Bringing Fairness & Fee RecoveryClick Here

Zamos v. StroudDistrict Attorney Liable for Bad Faith ActionClick Here


Misconduct by Government Know Your Rights Click Here (must read!)

 Under 42 U.S.C. $ection 1983 – Recoverable Damage$

42 U.S. Code § 1983 – Civil Action for Deprivation of Right$

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18 U.S. Code § 242Deprivation of Right$ Under Color of Law

18 U.S. Code § 241Conspiracy against Right$

$uing for MisconductKnow More of Your Right$

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New Supreme Court Ruling – makes it easier to sue police

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Misconduct by Judges & ProsecutorRules of Professional Conduct

Functions and Duties of the ProsecutorProsecution Conduct

What is Sua Sponte and How is it Used in a California Court? 

Removing Corrupt Judges, Prosecutors, Jurors and other Individuals & Fake Evidence from Your Case 

Prosecution Of Judges For Corrupt Practice$


RELATIONSHIP WITH YOUR CHILDREN & YOUR CONSTITUIONAL RIGHT$ + RULING$

YOU CANNOT GET BACK TIME BUT YOU CAN HIT THOSE PUNKS WHERE THEY WILL FEEL YOU = THEIR BANK

We also have the 9.3 Section 1983 Claim Against Defendant as (Individuals) — 14th Amendment this CODE PROTECT$ all US CITIZEN$

We also have the  Amdt5.4.5.6.2 – Parental and Children’s Rights 5th Amendment this CODE PROTECT$ all US CITIZEN$

We also have the 9.32 Interference with Parent / Child Relationship – 14th Amendment this CODE PROTECT$ all US CITIZEN$

We also have the California Civil Code Section 52.1 Interference with exercise or enjoyment of individual rights

We also have the Parent’s Rights & Children’s Bill of Rights SCOTUS RULINGS FOR YOUR PARENT RIGHTS

We also have a SEARCH of our site for all articles relating for PARENTS RIGHTS Help!


GRANDPARENT CASE LAW 

Troxel v. Granville, 530 U.S. 57 (2000)Grandparents – 14th Amendment

Third “PRESUMED PARENT” Family Code 7612(C) – Requires Established Relationship Required

S.F. Human Servs. Agency v. Christine C. (In re Caden C.)

9.32 Particular Rights – Fourteenth Amendment – Interference with Parent / Child Relationship

Parent’s Rights & Children’s Bill of Rights

Cal State Bar PDF to read about Three Parent Law The State Bar of California family law news issue4 2017 vol. 39, no. 4.pdf


DUE PROCESS READS>>>>>>

Due Process vs Substantive Due Process learn more HERE

Understanding Due Process  – This clause caused over 200 overturns in just DNA alone  Click Here

Mathews v. EldridgeDue Process – 5th & 14th Amendment Mathews Test3 Part TestAmdt5.4.5.4.2 Mathews Test

UnfriendingEvidence – 5th Amendment

At the Intersection of Technology and Law

We also have the Introducing TEXT & EMAIL Digital Evidence in California Courts  1st Amendment


Retrieving Evidence / Internal Investigation Case 

Conviction Integrity Unit (“CIU”) of the Orange County District Attorney OCDAClick Here

Fighting Discovery Abuse in LitigationForensic & Investigative AccountingClick Here

Orange County Data, BodyCam, Police Report, Incident Reports, and all other available known requests for data below: 

APPLICATION TO EXAMINE LOCAL ARREST RECORD UNDER CPC 13321 Click Here

Learn About Policy 814: Discovery Requests OCDA Office – Click Here

Request for Proof In-Custody Form Click Here

Request for Clearance Letter Form Click Here

Application to Obtain Copy of State Summary of Criminal HistoryForm Click Here

Request Authorization FormRelease of Case InformationClick Here

CPRA Public Records Act Data Request – Click Here

Here is the Public Records Service Act Portal for all of CALIFORNIA Click Here


Appealing/Contesting Case/Order/Judgment/Charge/ Suppressing Evidence

First Things First: What Can Be Appealed and What it Takes to Get StartedClick Here

Options to Appealing– Fighting A Judgment Without Filing An Appeal Settlement Or Mediation 

Cal. Code Civ. Proc. § 1008 Motion to Reconsider

Penal Code 1385Dismissal of the Action for Want of Prosecution or Otherwise

Penal Code 1538.5Motion To Suppress Evidence in a California Criminal Case

CACI No. 1501 – Wrongful Use of Civil Proceedings

Penal Code “995 Motions” in California –  Motion to Dismiss

WIC § 700.1If Court Grants Motion to Suppress as Evidence

Suppression Of Exculpatory Evidence / Presentation Of False Or Misleading Evidence – Click Here

Notice of Appeal Felony (Defendant) (CR-120)  1237, 1237.5, 1538.5(m) – Click Here


 Epic Criminal / Civil Right$ SCOTUS Help Click Here

At issue in Rosenfeld v. New Jersey (1972) was whether a conviction under state law prohibiting profane language in a public place violated a man's First Amendment's protection of free speech. The Supreme Court vacated the man's conviction and remanded the case for reconsideration in light of its recent rulings about fighting words. The man had used profane language at a public school board meeting. (Illustration via Pixabay, public domain) Epic Parents SCOTUS Ruling Parental Right$ Help Click Here

Judge’s & Prosecutor’s Jurisdiction – SCOTUS RULINGS on

Prosecutorial Misconduct

Judicial & Prosecutorial Conduct

 


 


Family Treatment Court Best Practice Standards

Download Here this Recommended Citation


Please take time to learn new UPCOMING 

The PROPOSED Parental Rights Amendment
to the US CONSTITUTION Click Here to visit their site

The proposed Parental Rights Amendment will specifically add parental rights in the text of the U.S. Constitution, protecting these rights for both current and future generations.

The Parental Rights Amendment is currently in the U.S. Senate, and is being introduced in the U.S. House.