Kentucky Complaint of Judicial Misconduct or Disability

State:
Kentucky
Control #:
KY-SKU-0501
Format:
PDF
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Description

Complaint of Judicial Misconduct or Disability

The Kentucky Complaint of Judicial Misconduct or Disability is a process for filing a formal complaint against a judge in the state of Kentucky. It is a way to hold judges accountable for their actions and decisions. This process is available to anyone, regardless of whether they were involved in a legal matter in front of the judge being complained about. The Kentucky Complaint of Judicial Misconduct or Disability is divided into two types: Judicial Misconduct and Judicial Disability. Judicial Misconduct is defined as any act or omission by a judge that violates the Code of Judicial Conduct or other applicable law. Examples include unethical behavior, bias, or abuse of power. Judicial Disability is defined as any mental or physical condition that prevents a judge from performing their duties. In order to file a Kentucky Complaint of Judicial Misconduct or Disability, a written complaint must be filed with the Kentucky Judicial Conduct Commission. The complaint must include the name of the judge being complained about, a description of the alleged misconduct or disability, and any supporting evidence. The complaint must also be signed by the complainant. The Commission will then review the complaint and determine whether it should be investigated further. Keywords: Kentucky Complaint of Judicial Misconduct or Disability, Judicial Misconduct, Judicial Disability, Code of Judicial Conduct, Kentucky Judicial Conduct Commission.

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FAQ

Obvious examples are violations of criminal law, sexual misconduct with staff/attorneys/parties, joining discriminatory organizations and using the judicial position to enhance a private interest.

Rule 11 provides that once a chief judge has identified a complaint, the chief judge, subject to the disqualification provisions of Rule 25, will perform, with respect to that complaint, all functions assigned to the chief judge for the determination of complaints filed by a complainant.

Under the Judicial Conduct and Disability Act and the Rules for Judicial-Conduct and Judicial-Disability Proceedings, anyone can file a complaint alleging a federal judge has committed misconduct or has a disability. The Judicial Conduct and Disability Act of 1980 , 28 U.S.C.

What is Judicial Misconduct? Judicial misconduct is an action by a judge that brings discredit upon the judiciary or the administration of justice. It could be a violation of the Texas Constitution, the Texas Penal Code, the Code of Judicial Conduct, or other rules established by the Supreme Court of Texas.

The Commission on Judicial Performance, established in 1960, is the independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity and for disciplining judges, pursuant to article VI, section 18 of the California Constitution.

Hearing civil cases; Protecting individual rights granted by the state constitution; Determing the guilt or innocence of those accused of violating the criminal laws of the state; Acting as a check upon the legislative and executive branches of state government.

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.

Under the Judicial Conduct and Disability Act and the Rules for Judicial-Conduct and Judicial-Disability Proceedings, anyone can file a complaint alleging a federal judge has committed misconduct or has a disability. The Judicial Conduct and Disability Act of 1980 , 28 U.S.C.

In the Supreme Court case Liteky, German-American citizens were on trial in an espionage case. During the proceedings, the judge presiding over the case commented that German-Americans have hearts "reeking with disloyalty." This comment was found to be biased and reflective of a trial judge displaying partiality.

More info

You may either fill in and fax the CJC's downloadable complaint form or fax a letter to the CJC describing your complaint. Complaint of Judicial Misconduct or Disability.Download Form (pdf, 512. This page provides information about what constitutes judicial misconduct or judicial disability. These instructions explain how to file a complaint with the Commission on Judicial Fitness and Disability using the online complaint form. To file a complaint, you must fill out a complaint form and send it to the Disciplinary Counsel of the Board of Judicial Conduct. What is judicial misconduct? To file a complaint, you must fill out a complaint form and send it to the Disciplinary Counsel of the Board of Judicial Conduct. What is judicial misconduct? Any person who has a grievance about a judge or magistrate may file a complaint with the Committee on Judicial Conduct.

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Kentucky Complaint of Judicial Misconduct or Disability