course of action to take against a judge who is slow to respond to a emergency petition

How to petition a judge in civil court?

How to Petition a Judge. A petition is the initial document filed in a civil case that officially opens the case and asks the court for relief. The petition must contain the names of the parties to the action and explain to the judge what the plaintiff -- the person filing the petition -- is asking the court to do.

What is a complaint against a judge?

Complaints against judges often allege improper behavior in the courtroom during a trial.

What does it mean to file a petition in court?

By Renee Booker. A petition is the initial document filed in a civil case that officially opens the case and asks the court for relief. The petition must contain the names of the parties to the action and explain to the judge what the plaintiff -- the person filing the petition -- is asking the court to do.

Who is the most delayed judge in the US?

But there is one unchallenged king of delayed decisions: Judge George B. Daniels of Federal District Court in Manhattan, who, the latest statistics show, had 289 motions in civil cases pending for more than six months, by far the highest total of any federal judge in the nation. For some plaintiffs, the waits have seemed like forever.

Why should a judge regulate his or her extra-judicial activities?

What are the types of complaints against judges?

What is the role of a judge in the US legal system?

How is disciplinary action determined?

What are the principles of the Code of Judicial Conduct?

What is the role of a judge in the rule of law?

Should a judge avoid impropriety?

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About this website

What are common ethical violations of a judge?

Common complaints of ethical misconduct include improper demeanour; failure to properly disqualify when the judge has a conflict of interest; engaging in ex parte communication and failure to execute their judicial duties in a timely fashion.

How do I file a complaint against a judge in Florida?

How Must a Complaint be Filed? Complaints can be filed using a Complaint Form provided by the JQC. Complaints cannot be filed with the Supreme Court, only with the JQC. For more information, check the JQC Website.

How do I file a complaint against a judge in Virginia?

ContactPhone(804) 786-6636.Mailing Address Judicial Inquiry and Review Commission. P.O. Box 367. Richmond, VA 23218.

How do I file a complaint against a judge in NY?

To file a complaint, you can: Complete our online complaint form, or. Send your complaint by mail by clicking below on the county where the judge holds court. Sending your complaint to the wrong office may delay our response.

Who investigates complaints of misconduct against judges in Florida?

The Florida Judicial Qualifications Commission (JQC)The Florida Judicial Qualifications Commission (JQC) is a judicial disciplinary agency in Florida, created by a 1968 amendment to the Florida Constitution for the purpose of investigating allegations of judicial misconduct by the state's judges.

Can I sue a judge in Florida?

Judges are typically immune from a lawsuit. You cannot sue judges for actions they took in their official capacity. For example, a judge who decides a case against you cannot be sued.

What are the 3 responsibilities of the judicial branch?

Federal courts enjoy the sole power to interpret the law, determine the constitutionality of the law, and apply it to individual cases.

How can judges be removed in Virginia?

Charges that the Commission deems sufficiently serious to require the retirement, public censure or removal of the judge are filed by the Commission in the Supreme Court of Virginia. The Court may dismiss the complaint or it may retire, censure or remove the judge.

What are the requisites of a judicial inquiry?

Then there is the unbending rule in constitutional law that courts will not assume jurisdiction over a constitutional question unless the following requisites are first satisfied: (1) there must be an actual case or controversy involving a conflict of rights susceptible of judicial determination; (2) the constitutional ...

What does judicial misconduct mean?

Judicial misconduct occurs when a judge acts in ways that are considered unethical or otherwise violate the judge's obligations of impartial conduct.

Can I sue a judge?

No. Judges cannot be sued for anything they do in the course of their judicial function. Even if a judge were to deal with your case in the most appalling conceivable way, you would not be able to sue him.

What does judicial misconduct mean?

Judicial misconduct occurs when a judge acts in ways that are considered unethical or otherwise violate the judge's obligations of impartial conduct.

How can judge be removed?

A Judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in ...

Can I sue a judge?

No. Judges cannot be sued for anything they do in the course of their judicial function. Even if a judge were to deal with your case in the most appalling conceivable way, you would not be able to sue him.

Are Florida state judges elected or appointed?

Are all judges elected in Florida? No. Currently, most circuit court judges and county court judges are elected. If a circumstance arises where there is a mid-term vacancy -- for example, if a judge retires, resigns or dies before the end of the judge's term -- the governor fills the position by appointment.

Code of Conduct for United States Judges | United States Courts

Code of Conduct for U.S. Judges (pdf) (effective March 12, 2019); Recent Changes Proposed changes to the Code of Conduct for U.S. Judges (September 2018), including public comments and witness statements.; Code of Conduct for U.S. Judges (pdf) (effective before March 12, 2019)

What Is Considered Misconduct By a Judge? | LegalMatch

Judicial misconduct is a serious deviation from the accepted practice of a judge in the judicial arena. Read this article to learn more.

What can you do if a judge does not properly address and decide the ...

In two recent cases in which judgment was given a day apart (The Gulf Agencies v Ahmed and Clydesdale Bank v John Workman) the Court of Appeal overturned the decisions of the first instance judges and severely criticised them for the manner in which they reached their decisions.In both cases, the first instance judges reached a conclusion regarding the honesty or believability of the witnesses ...

How to Complain About a Judge: 13 Steps (with Pictures) - wikiHow

Read the judicial conduct rules. The judicial conduct rules applicable to the judge about whom you want to complain set forth the reasons you may file a complaint against a judge, as well as the specific procedure for reviewing those complaints. This complaint process is not designed for situations where you disagree with the judge's ruling – the council or commission that evaluates these ...

COMPLAINT OF JUDICIAL MISCONDUCT - Typepad

1 COMPLAINT OF JUDICIAL MISCONDUCT I. Introduction Pursuant to the Judicial Conduct and Disability Act and the Judicial Conference of the United States Rules for Judicial-Conduct and Judicial ...

What is an example of irresponsible or non-judicial conduct of a judge?

Another type of example of irresponsible or non-judicial conduct of judge: It was reported by a husband that judge in a DV Act maintenance case threatened in open court to husband to take back wife or the high interim maintenance order will be given by judge! Such blackmail type threats are clear overstepping of judicial role.

What is the remedy for a grievance relating to undue delay in judgement?

In case of any grievance relating to undue delay in judgement or unfair judgement or miscarriage of justice, the petitioner is advised to resort to judicial remedy by filing appeal or any other proceedings before the appropriate Court of Law within the prescribed time limit.

What is a grievance forwarded by the Department of Justice?

Grievances forwarded by Department of Justice are considered and examined by the Judiciary as per their own in house mechanism and the system/procedure to deal with grievances which is normally not shared. In such cases, Department of Justice is not in a position to inform the outcome to grievance holders.

Why don't we complain about Mai Baap?

Simple reason is the mai-baap mind-set in India: we don’t want to complain against mai-baap, because they are the ones who decide our judgment, fate, salary, promotion, reward, punishment, whatever. Also, from a veteran of many court proceedings, along with complaint sworn affidavit is mandatory. From another UK government website: ...

What is the purpose of facilitating administration of justice?

Facilitating administration of Justice that ensures easy access and timely delivery of Justice to all.

Why is it mandatory to file an affidavit against a judge?

High Court of Karnataka) have made it mandatory to make complaint about judge on an affidavit, presumably because of false or frivolous complaints being made. The reason for this is that these are serious matters and time of judicial authorities should not be wasted in frivolous complaints.

Is a complaint sworn affidavit mandatory?

Also, from a veteran of many court proceedings, along with complaint sworn affidavit is mandatory.

Why did Radcliffe issue an injunction?

The hearing was over efforts by a vending company and its lawyer to get Radcliffe to issue an injunction that would hinder a state liquor control agent’s investigation into illegal gambling. Radcliffe required the agent to take the stand and answer questions from the vending company’s lawyer about the investigation, without permitting the agent to talk to a lawyer. Radcliffe then issued a temporary injunction to block the agent from “illegally interfering” in the company business.

Who said that punishment should be used more often for errant conduct?

Raymond McKoski , a former judge now at John Marshall Law School, said that appropriate punishment for errant conduct is a nationwide issue. Although he said he thought Illinois did “pretty good” at imposing punishment, he said that across the country, “Suspension should be used more often, and maybe removal more often too.”

What was Chmiel charged with?

On February 25, 2008, the board charged Chmiel with three violations of the Judicial Code. Not only had Chmiel acted improperly by having ex parte conversations – discussions about a pending case without both parties being present – but he misled the board about his conversations, according to the board’s complaint.

What are the circumstances that delayed the inquiry board?

In explaining the delay, the courts commission noted several “extraordinary circumstances”: An ongoing federal investigation that may have delayed the Inquiry Board investigation; the reorganization of the courts commission after the constitutional amendment; and the resignation of the Judicial Inquiry Board lead counsel.

How many complaints were filed by the judicial inquiry board in 2014?

In May, the state auditor issued an alarming report. The Judicial Inquiry Board had 311 pending complaints by the end of fiscal 2014, and the auditor warned that “the growing inventory level increases the risk the board’s caseload will become unmanageable.”

How long was Radcliffe suspended?

The Seventh Circuit sent a copy of its opinion blasting Radcliffe to the Judicial Inquiry Board, triggering an investigation and disciplinary proceeding that dragged on almost seven years until the courts commission suspended him for thirty days in 2001.

How did Golniewicz use deception?

Golniewicz had used deception to win election, falsely stating where he lived to make himself eligible for election within a subcircuit miles from his home.

What is an emergency motion?

This might be called an emergency motion, an order to show cause, a show cause motion, or something else . Generally, a judge will only grant emergency relief if there is some chance that serious harm might result if ...

How do I ask the court to take specific actions while my case is pending?

You can ask the judge to take some kind of action while your case is ongoing by filing or “making” a motion. A motion is a request that the judge grant some kind of relief related to your court case. There are a few different ways that you can make a motion.

What kind of motions can I make?

Your motion must be related to the case that is pending before the judge. Here are some other common motions:

How do I respond to a motion to dismiss made by the other party?

A motion to dismiss might be in writing or it could be made verbally in court. Either way, how you respond to a motion to dismiss will depend on the reason why the other party or his/her attorney is making the motion.

What documents are needed to file a motion in court?

Your court may have a specific form that needs to be filed for a motion, and you will usually also submit supporting documents like an affidavit in support of the motion, a memorandum of law (if necessary), and exhibits that would be admissible at a hearing.

Why do you have to move to dismiss a petition?

Another possible reason that the other party could move to dismiss your petition is because s/he argues that the events you allege in your petition did not happen at all. If the defendant makes this motion, it might include affidavits from witnesses or other documents that would be admissible at trial to show his/her side of the story. If the motion to dismiss is convincing, you might have to present your own affidavits and documents to prove that the allegations did occur as you have described, or at least there is a question about the facts of the case as to whether or not what you have alleged actually happened. A question of fact means that there is a real dispute as to what actually took place between the parties.

How to defend against a motion to dismiss for lack of personal jurisdiction?

To defend against a motion to dismiss for lack of personal jurisdiction, you should be prepared to show the judge that the other party has had “contact” with the state where you have filed the case, s/he was served in the state, or there is some other reason why the court has jurisdiction.

What is a petition in court?

A petition is the initial document filed in a civil case that officially opens the case and asks the court for relief. The petition must contain the names of the parties to the action and explain to the judge what the plaintiff -- the person filing the petition -- is asking the court to do.

How to write a petition for a court case?

Step 1. Caption the document with the name of the court where you intend to file the petition and the names of the parties to the case. Leave a blank for the case or cause number that will be assigned by the clerk. You are the plaintiff and the opposing party is the defendant or respondent.

What are some examples of petition titles?

Common examples of petition titles include "Petition for Divorce," "Petition for Adoption," "Petition for Child Support" and "Petition for Name Change".

Who serves a copy of a petition?

Serve the defendant/respondent with a copy of the petition. State laws regarding service of process vary. You may need to pay a process server or a sheriff to serve the petition or you may be able to serve it yourself.

What to include in a petition?

Include in the body of the petition a brief summary of the facts related to the case and a statement telling the court what you are asking for by way of the petition. For example, you may ask the court to grant you a divorce or to change your name.

Who was the plaintiff in the case of the delay before Judge Daniels?

For one plaintiff, Jose Soto, the delay before Judge Daniels was so long that he never got to learn the result of his case.

How long did the Queens prisoner wait for the judge to order her to pay her late husband's pension?

There was the woman in Queens who had to fend off creditors while she waited more than three years for the judge to decide that she was entitled to her late ex-husband's pension benefits. And there was the prisoner with H.I.V. who filed a petition challenging his state court conviction. By the time Judge Daniels got around to issuing an order -- three years later -- the prisoner had died.

What did Soto write to the Court of Appeals?

With no ruling, Mr. Soto wrote to the Court of Appeals in September, seeking help. In a short order two months later, the appeals court reassured him that "we have no reason to doubt" Judge Daniels will rule "with reasonable promptness."

How long did Michael Hall wait for Judge Daniels to rule?

A plaintiff in another case, Dr. Michael Hall, said he was outraged that he had to wait more than 19 months for Judge Daniels to rule in his suit against a hospital that he claimed had fired him for complaining about its treatment of black patients. The hospital, denying wrongdoing, called the allegations baseless and sought dismissal of the suit. Dr. Hall's lawyer, Ambrose Wotorson, finally asked the court of appeals to order Judge Daniels to rule. Within weeks the judge dismissed the complaint as being legally insufficient. "It must have been sitting in the bottom of the drawer," Dr. Hall said. "I don't think he ever really read it." (The appeals court recently upheld the dismissal.)

When did Judge Daniels dismiss the case?

On Nov. 18, 2003, one day before a panel of the appeals court issued its standard brief order, Judge Daniels ruled, dismissing some counts and defendants and allowing others to remain in the case.

Who ruled that the family of the slain man can go forward?

About a week later, Judge Daniels ruled, allowing almost all of the family's claims to go forward. Ms. Kubitschek, praising the ruling itself, speculated that Judge Daniels was perhaps "a kind of perfectionist who, after he's made a decision, wants to make it perfect, and even though it's very good, he doesn't issue it because he's trying to polish it up."

Is the federal court more efficient than the state court?

Federal courts have historically been regarded as far more efficient than state systems, but there is apparently little that can be done when a federal judge, who enjoys lifetime tenure, moves too slowly on a civil motion. In criminal cases, in which deadlines are more enforceable, delays do not appear to have been a problem in Judge Daniels's cases.

Why should a judge regulate his or her extra-judicial activities?

A judge should regulate his or her extra-judicial activities to minimize the risk of conflict with his or her judicial duties. A judge should regularly file a report of compensation he or she received for quasi-judicial and extra-judicial activities. A judge should refrain from political activity.

What are the types of complaints against judges?

TYPES OF COMPLAINTS THE STATE DISCIPLINARY BODY CAN ADDRESS. Misconduct: The broadest category of complaints against judges can be classified as "misconduct" complaints. Judicial misconduct has a very specific meaning under the Code of Judicial Conduct. The Code of Judicial Conduct regulates the activities of judges on and off the bench.

What is the role of a judge in the US legal system?

Built-in to the Code of Judicial Conduct are the principles 1. that judges must treat their judicial office as a public trust and 2. that judges must strive to maintain and enhance the public's confidence in our legal system. In his or her role as an adjudicator of the facts and the law , a judge resolves disputes and is a highly visible symbol of government under the rule-of-law.

How is disciplinary action determined?

The decision to take disciplinary action, and the degree of the discipline to be imposed on a judge, should be determined through an impartial process that would include a logical application of the Code's text and take into account such factors as the seriousness of the offense, whether there is a pattern of improper activity, and the effect of the improper activity on the public or on the judicial system.

What are the principles of the Code of Judicial Conduct?

Built-in to the Code of Judicial Conduct are the principles 1. that judges must treat their judicial office as a public trust and 2. that judges must strive to maintain and enhance the public's confidence in our legal system.

What is the role of a judge in the rule of law?

In his or her role as an adjudicator of the facts and the law, a judge resolves disputes and is a highly visible symbol of government under the rule-of-law. The Code of Judicial Conduct establishes the standards of ethical conduct for judges. The Code contains 1. broad statements called Canons, 2.

Should a judge avoid impropriety?

A judge should avoid even the appearance of impropriety in all of his or her activities.