Thursday, November 10, 2011

How to File a Complaint Against a Judge and an Attorney (Chapter 1 Judges; part 2)

The Court of the Judiciary was created by the legislature to investigate and, when warranted, act on complaints against judges. Members are appointed by multiple appointing authorities, including the Supreme Court (judges appointing judges to judge judges, huh?) The appellate court clerk serves as clerk to the Court of the Judiciary.

The Tennessee Court of the Judiciary was created by the legislature to:
1. Provide an orderly and efficient method for making inquiry into:
+ They physical, mental and/or moral fitness of any Tennessee Judge;
+ Whether the judge committed judicial misconduct;
+ Whether the judge committed any act calculated to reflect unfavorably upon the judiciary of the state or bring it into disrepute or which may adversely affect the administration of justice in the state (“one bad apple spoils the whole bunch”).

2. Provide a process by which appropriate sanctions may be imposed.

3. Implement constitutional provisions by providing a procedure for the removal of judges.

The above comes straight from tncourts.gov website. with the exception of my comment bold and in italics. With that credit given and in consideration thereof:

1. DO NOT FILE A FRIVOLOUS COMPLAINT!

2. THE COURT OF THE JUDICIARY IS NOT A COURT OF APPEALS!

What do I mean by frivolous? Any complaint that cannot be supported by the Judicial Code of Ethics and its Canons. The COJ is not the place to air mere grievances. If you are unhappy with the judges ruling, that is not grounds for a complaint. You must be able to substantiate your grievance as a violation of the code. If not, call your best friend and tell them how unhappy you are with the outcome, scream and shout in the bathroom, take a cold shower, then try to move on with life. Don’t augment your frustrations by filing a illegitimate complaint.

That said, I’ve come to discover that the law, itself, and the rules by which judges must play, are 90% logic. If something seems wrong with a judge’s conduct and/or ruling, do not ignore that instinct telling you so.

As I wrote earlier in this series, armed with a knowledge of the Judicial Code, make a determination therein by which a violation has been committed. And though an err in the law is not recognized as a violation of ethics, it should be. For when a judge errs in the the law they demonstrate incompetence and INCOMPETENCE IS A VIOLATION OF THE JUDICIAL CODE.

Full Article and Source:
How to File a Complaint Against a Judge and an Attorney (Chapter 1 Judges; part 2)

4 comments:

Thelma said...

It's unfortunate that an error in the law forces one to appeal. It's a whole sick system!

Connie said...

Good information!

Anonymous said...

Not again. the same posting over and over

StandUp said...

Anonymous, if you'd read the series, I think you'll learn alot and it may help you.