NOTICE:
These responses are intended
to provide guidance of a general nature. Please consult the governing
provisions for specific information.
What
is the Commission on Judicial Conduct?
The Commission is an independent agency
in the judicial branch consisting of six nonattorney citizens, two lawyers
and three judges who review and act on complaints of judicial misconduct
or disability. The six nonattorney citizens are appointed by the Governor,
two attorneys are selected by the State Bar Association, one judge is
selected by and from the Court of Appeals, one selected by and from the
Superior Court Judges, and one selected by and from the limited jurisdiction
court judges.
More info on the Commission's background.
More info on the Commission's membership.
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Where
and when are the Commission meetings held?
The Commission normally
meets the first Friday of every other month.
More info on Commission
meetings. View the tentative
schedule of meeting dates.
The Washington
State Register website contains state agency information regarding
such topics as preproposals, notices of proposed rules, emergency and
permanently adopted rules, public meetings, requests for public input,
notices of rules review, etc.
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What
positions fall under the Commission's jurisdiction?
-
Justices of the Supreme Court
-
Judges of the Court of Appeals
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Judges of the Superior Court
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Judges of the District Court
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Judges of the Municipal Court
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Judges Pro Tempore
-
Court Commissioners
-
Magistrates
-
State employees of the judicial
branch as defined by RCW
42.52.010.
More info on the Commission's jurisdiction
over judges.
More info on the Commission's jurisdiction
over state employees of the judicial branch.
Also, refer to the Executive Ethics
Board website for more info on the Ethics
in Public Service Act (Chapter 42.52 RCW).
For information on the State Employee Whistleblower Protection Act click here.
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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:
-
Injudicious temperament
-
Conflict of interest
-
Improper election campaign conduct
-
Impropriety
-
Failure to dispose promptly of
the business of court
-
Ex parte communication
-
Partisan political activity
The Code of Judicial Conduct is adopted
by the Washington Supreme Court. More
info.
The Code of Judicial Conduct is also
published in the Washington
Court Rules.
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What
is judicial disability?
Judicial disability is a disability
which is, or is likely to become, permanent and which seriously
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 abuse
-
Senility
-
Physical illness
-
Mental illness
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Does
the Commission have jurisdiction over legal matters?
No. Our authority is limited to dealing
with violations of the Code of Judicial
Conduct adopted by the Washington State Supreme Court. (For the few
exceptions to this rule, see FAQ: What
is the difference between judicial misconduct and legal error?)
The Commission does not have authority
to review or reverse any judge's decision. The remedy for dissatisfaction
with a judge's ruling requires following the steps provided by law, including
appeal.
The Commission is not a substitute
for protecting your legal rights. You should contact a lawyer in private
practice to protect your rights in civil matters.
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I
don't think the judge followed the law. Is this within the commission's
jurisdiction?
A judge is entitled and
obligated to reach a decision by exercising independent judgment in determination
of judicial matters. The Commission does not have the authority to reverse
judicial decisions.
It is important to understand
the limitations on the Commission's authority. The Commission does not
represent the people who contact it. Our job is to gather facts from all
available sources and to decide whether a judge or commissioner engaged
in judicial misconduct - a violation of the Code of Judicial Conduct.
The Commission is not
a substitute for protecting your legal rights. You should contact a practicing
lawyer to protect your rights. Our authority is limited to dealing with
violations of the Code of Judicial Conduct adopted by the Washington State
Supreme Court. A judge's decisions may be incorrect and cause harm without
being a violation of the Code of Judicial Conduct.
We often find that people
expect more from us than we can legally do.
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What
is the difference between judicial misconduct and legal errors?
Higher 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 allowed and supposed 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 look at, 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.
For example, a complaint
that a judge refused to set a low bail or set bail too low for a criminal
defendant would be dismissed by the Commission as a complaint about the
exercise of judicial discretion, and not about misconduct. Similarly,
without additional evidence of improper motive or practice, a complaint
that a judge imposed too heavy or light a sentence would be dismissed
by the Commission as a complaint about the exercise of judicial discretion,
and not about misconduct. Even if the Commission found that a judge did
operate with improper motive or bias, the Commission's action could only
be to discipline the judge for the ethical misconduct. The Commission's
action would not, by itself, change the effect or force of a judge's decision.
Only the appellate courts can do that.
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, that 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.
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Are
complaints confidential?
Initially, complaints, and the fact
that a complaint has been made, are confidential. Many complaints are
completely investigated without notifying the judge of the investigation.
In the course of investigation, the judge may be provided an opportunity
to respond to the allegations. The complainant may be identified if
the judge could not respond without such identification. In some instances,
the nature of the complaint will itself identify the complainant.
If the initial proceedings reveal
probable cause that a violation has occured, a formal Statement of Charges
is served on the judge and the statement is made public, as are all subsequent
documents filed thereafter. Fact-finding hearings are public and witnesses
may be subpoenaed to testify. At the public hearing, the Commission files
the finding of probable cause and records upon which it based its decision
to conduct a hearing. These records may include a copy of the complaint.
More info on confidentiality.
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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.The Commission is directed to conduct its investigations confidentially. Commission members, staff, and court personnel, including lawyers, are prohibited from disclosing the fact that a complaint was made or that an investigation is pending. However, after the Commission files a statement of charges, dismisses the complaint, or otherwise closes the investigation or initial proceedings, confidentiality ceases to apply to any person outside the Commission.
More info on confidentiality.
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What
does the Commission do with my complaint?
When a complaint is received it is
reviewed to determine whether it is within Commission jurisdiction, and
a preliminary investigation may be made to verify allegations. Materials
submitted by complainants are provided to the commission members. At its
regular 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 Commission finds probable
cause and believes it has sufficient basis to proceed, it will order the
filing of a Statement of Charges and hold a public fact-finding hearing.
At such a 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 complaint will be dismissed. If a violation
of the Code of Judicial Conduct is found by clear, cogent and convincing
evidence, the Commission may take the following actions:
-
Publicly admonish, reprimand or
censure the judge
-
Censure the judge and recommend
that the supreme court suspend or remove the judge from office
If the Commission finds permanent
disability which is seriously interfering with the judge's ability to
perform judicial duties, the Commission shall recommend that the supreme
court retire the judge.
A judge may file an appeal de novo
to the supreme court within 30 days after a Commission admonishment, reprimand
or censure.
More info the complaint
process.
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How
do I file a complaint?
You may call and request
a complaint form, you may download a complaint
form from the Commission web site and mail or fax it us, or you may
write a brief letter of your complaint. For confidentiality reasons, we
do not accept complaints via email. The letter should identify
the judge and specify the conduct or action you believe was improper.
Also identify by name and address any witnesses. Duplicates of any documents
or correspondence that may substantiate your allegations should be included.
Keep in mind that materials filed in the Commission's confidential records
cannot be duplicated for you. If you need to maintain a record, keep a
copy. Also, do not send records you wish to keep, such as original documents,
without making prior arrangements for their loan and their safe delivery
and return. Please make sure you keep the original document. If
the investigators need more information, you will be contacted.
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Where
do I send my complaint?
You may mail or fax your complaint
to:
|
Commission on Judicial Conduct |
|
P.O. Box 1817 |
|
Olympia, WA 98507 |
| |
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FAX: (360) 586 - 2918> |
Because of confidentiality concerns,
the Commission DOES NOT correspond about specific complaints by
email at this time.
More info on filing
a complaint.
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How
long does it take to resolve a complaint?
The Commission normally
meets every other month so final disposition of most complaints may take
several months, depending on the complexity of the matter and the number
of pending complaints.
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Can
I meet with an investigator?
Most investigations are
conducted without a personal interview with the complainant. While
in-person interviews are not impossible, they are the exception, rather
than the rule, and are conducted at the discretion of the investigators.
Since the Commission is required to conduct an independent investigation,
information is gathered from official sources, interviews, and other means.
The Commission office is small, and contains a great deal of confidential
information. The facility is not designed to accomodate interviews. Commission
investigators frequently conduct interviews by telephone and occasionally,
if necessary, in person at various locations in the state.
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Can
the commission assist me with my court case?
No. The Commission cannot
give legal advice to citizens or represent clients. We must remain neutral
in any underlying litigation.
The Commission does not
represent the people who contact it. Our job is to gather facts from all
available sources and to decide whether a judge or commissioner engaged
in judicial misconduct - a violation of the Code
of Judicial Conduct.
The Commission is not
a substitute for protecting your legal rights. You should contact a lawyer
to protect your rights in any matter. Commission authority is limited
to dealing with violations of the Code
of Judicial Conduct adopted by the Washington State Supreme Court.
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Does
the Commission give legal advice?
No. The Commission cannot
give legal advice to citizens or represent clients.
The Commission does not
represent the people who contact it. Our job is to gather facts from all
available sources and to decide whether a judge or commissioner engaged
in judicial misconduct - a violation of the Code
of Judicial Conduct.
The Commission is not
a substitute for protecting your legal rights. You should contact a lawyer
to protect your rights in any matter. Commission authority is limited
to dealing with violations of the Code
of Judicial Conduct adopted by the Washington State Supreme Court.
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How
will Commission proceedings affect my appeal?
The Commission is not
a substitute for protecting your legal rights. You should contact a lawyer
to protect your rights in any matter.
Your complaint of judicial
misconduct is a matter separate from your litigation.
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Should
I delay my appeal until my complaint is concluded?
No. You must proceed
with whatever remedy is available to you within the court system to correct
any judicial errors you believe were committed in your case. Your complaint
of judicial misconduct is a matter separate from your litigation.
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Can
I get a judge removed from my case if I file a complaint against the judge?
Filing a complaint against
a judge with the Commission is not itself sufficient reason to remove
a judge from your case. Your complaint of judicial misconduct is
a matter separate from your litigation. The allegations you make
about the judge might or might not be sufficient grounds to ask a judge
to recuse from your case, and you must make that decision, yourself. The
fact that you complained to the Commission about those allegations is
not grounds for recusal.
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