What is judicial misconduct?
Judicial misconduct generally is “willful misconduct” that is in violation of the Code of Judicial Conduct. The Code of Judicial Conduct proscribes various rules relating to how a judge should conduct himself or herself in the performance of the duties of office. Also, any disability, physical or mental, of a judge that substantially interferes with his or her judicial duties may be considered. What are some things that the Court of the Judiciary may not consider? The Court of the Judiciary is not an appeals court. It does not have the authority to change any rulings of a judge. For example, the Court of the Judiciary may not change rulings relating to domestic relations or child custody matters, change a sentence in a criminal case, or consider whether trial witnesses were believable. A complaint which generally alleges that the judge was unfair or biased is insufficient. A complaint must specifically set forth exactly what the judge did that you believe was unfair or biased. What wil
Judicial misconduct is any action by a judge which demeans or abuses any person involved in Court proceedings or which otherwise interferes with the proper administration of justice and tends to bring the judge or the Court into disrepute. Listed below are some kinds of judicial misconduct that could lead the Commission to discipline a judge: In the Courtroom: Rude, abusive and improper treatment of lawyers, witnesses, jurors, court staff and others. The showing of bias toward anyone in the courtroom based on gender, race, ethnicity, religion, etc. Sleeping or drunkenness or other improper conduct while on the bench. Outside the Courtroom: • Criminal behavior. • Improper use of a judge’s authority. • Allowing family, friends, or others to influence a judge’s decisions or to play a role in the way a judge administers justice. This includes reducing charges or fines or transferring cases. • Misuse of publice property, funds or resources. • Giving or receiving bribes or favors. • Commmuni
Judicial misconduct usually involves conduct in violation of the Code of Judicial Conduct (Illinois Supreme Court Rules 61 through 68) which may include, but is not limited to: Impropriety and the appearance of impropriety; improper communication with only one of the parties in a case; injudicious temperament (such as rudeness, profanity, or yelling); inappropriate political activity; or delay in performing judicial duties.
Judicial misconduct usually involves conduct in conflict with the standards set forth in the Code of Judicial Ethics. Some examples of judicial misconduct are rude or abusive demeanor, conflict of interest, abuse of the contempt power, communicating improperly with only one side to a proceeding, delay in decision-making, and commenting on a pending case. Judicial discipline has been categorized according to the Types of Misconduct involved.
