Offering common sense solutions for judicial discipline
How to file a complaint of judicial misconduct
STEP 4: Hold them accountable
(This text from Step 4 of "You be the Judge!")
We talked about the high sounding Code of Conduct in Step 3. Wonderful words. According to a study commissioned by the government, they're the most cited words in citizens' complaints. But are they just words?
Unfortunately, when you complain about judges to judges, they, being lawyers, are conditioned and adept at using clever tricks to get around obstacles in their way. In this case, a judge might quote former Presidential candidate Al Gore, claiming the Code of Conduct isn't legally binding. ("No controlling legal authority.") They might claim the Code is "advisory" only, as the 2nd Circuit did when it wrongly dismissed a complaint against Judge Guido Calabresi in April 2005. But they'd be wrong! The Code is legally binding. And surprise! You can thank Microsoft for that!
When Microsoft challenged its trial judge's impartiality in the D.C. court of appeals, and won, forcing him off the case, the court said in passing, "The Code of Conduct is the law with respect to the ethical obligations of federal judges." In other words, judges are legally bound to obey the Code! The Code of Conduct has the force of law for judges. (Even for Supreme Court judges, despite the fact they can't be subjects of Complaints.) I suggest you quote this statement about the Code being law in your Complaint to elevate the Code from a mere formality to a legally binding requirement. Here's the case cite: United States v. Microsoft Corp., 253 F.3d 34, 113 (D.C. Cir. 2001)
I also suggest downloading the ruling and skipping down to Part VI, titled "Judicial Misconduct," for a short tutorial on impropriety that's been written by someone who, unlike me, is deemed worthy of being quoted in a complaint.
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