how do i or lawyer file for law suit against judge

A grievance against a state judge is lodged with the state's judicial tenure commission. In most states, you can file a grievance online using the commission's complaint form or simply write a letter to the commission. Include a detailed description of the misconduct and the names of any witnesses to the events described.

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How do I sue a judge?

Log on to DoNotPay on any web browser and select “Sue Now”. Next, enter the dollar amount that you are owed (this could be lost wages or even adequate compensation to cover injuries and medical bills) Select whether you’d like to receive a demand letter or court filing forms.

How do I file a complaint against a judge?

Dec 13, 1995 · Any motion for recusal and reassignment of a judge should be filed, at least initially, with the presiding judge. See Stephenson v. National Aeronautics & Space Administration, 1994-TSC-5 (Sec'y Dec. 13, 1995). Any person alleging that an administrative law judge has engaged in conduct prejudicial to the effective and expeditious administration ...

How do I file a lawsuit against a government entity?

Sep 16, 2013 · HERE IS HOW YOU FILE A COMPLAINT: The compliant form is a simple, straight-forward, and a one-page form. Fill out the form and state why you believe this judge should be investigated for misconduct and attach any supporting documentation. Quickly mail or fax to the address below on the form and keep a copy for your records.

How to start a lawsuit?

If your complaint is against a federal circuit judge, federal district judge, federal bankruptcy judge, or federal magistrate judge, you must file the complaint at the clerk’s office of the United States court of appeals for the regional circuit in which the judge serves. 1 If your complaint is against a judge of the United States Court of Appeals for the Federal Circuit, you must file the complaint …

Can judges be corrupt?

Corruption in the judiciary includes any inappropriate influence on the impartiality of judicial proceedings and judgements and can extend to the bribing of judges for favourable decisions, or no decision at all.May 23, 2007

How does a judge lose immunity?

When a judge knows that he lacks jurisdiction, or acts in the face of clearly valid statutes expressly depriving him of jurisdiction, judicial immunity is lost.

Can I sue the judge?

The section above basically tells us that a judge cannot be sued (in a civil action) for anything he does in the course of carrying out his duty if he does it in good faith. This means that even if the judge misinterprets a point of law or misapplies it, he or she cannot be sued for it.

How are judges held accountable to citizens?

The judiciary cannot exist without the trust and confidence of the people. Judges must, therefore, be accountable to legal and ethical standards. In holding them accountable for their behaviour, judicial conduct review must be performed without invading the independence of judicial decision-making.

How to find a civil rights lawyer?

You can find a civil rights attorney by visiting your state's bar association, which should run a referral program. You may be worried about the cost of a lawyer.

What is a motion for summary judgment?

The judge may also file a motion for summary judgment. This motion argues that there are no issues of material fact in dispute and that the judge is entitled to judgment as a matter of law.

What is the immunity of a judge?

Identify judicial acts. Judges in the United States are immune from suit for any “judicial act” that they perform. This immunity applies even when the judge acts maliciously or corruptly. This is a very broad protection for judges. Generally, the acts a judge performs during your trial or case will be “judicial” and therefore immune. Common judicial acts include:

Where did Dr. John S. Smith get his PhD?

He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. There are 9 references cited in this article, which can be found at the bottom of the page. wikiHow marks an article as reader-approved once it receives enough positive feedback.

Who is Clinton Sandvick?

Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 96,581 times.

Do lawyers charge fees?

Under this arrangement, the lawyer will not charge legal fees. Instead, you will pay a portion of any amount awarded to you at trial. Although you will still be responsible for court costs (such as the cost of court reporters or filing fees), some lawyers will advance you these costs.

Can a judge be sued?

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. Only in rare circumstances can you sue a judge. In order to find out if your situation qualifies in the United States, you will need to meet with an attorney.

Who is in charge of civil rights?

The Assistant Attorney General in charge of the Civil Rights Division, subject to the general supervision of the Attorney General and under the direction of the Deputy Attorney General, is responsible for conducting, handling, or supervising civil rights matters, as more particularly described in 28 C.F.R. § 0.50.

What can the Commission do?

The Commission can issue confidential advisory letters, private admonishments, public admonishments and public censures. In the most serious cases, the Commission can order that a judge be removed or retired from office, bar a former judge from receiving judicial appointments or assignments, or find that a court.

Where to file a complaint against a judge?

If your complaint is against a judge of the Court of International Trade or the Court of Federal Claims, you must file the complaint at the clerk’s office of that court. You should not send your complaint to the judge you are complaining about or to anyone else in the Judiciary.

What happens if a circuit judge dismisses a complaint?

If the circuit chief judge dismisses or concludes your complaint, you will receive a copy of the order and you will be notified of your right to have the circuit judicial council , consisting of circuit and district judges, (or national court, if applicable) review that order.

What are some examples of judicial misconduct?

Examples of judicial misconduct may include the following: 1 using the judge’s office to obtain special treatment for friends or relatives; 2 accepting bribes, gifts, or other personal favors related to the judicial office; 3 engaging in improper ex parte communications with parties or counsel for one side in a case; 4 engaging in partisan political activity or making inappropriately partisan statements; 5 soliciting funds for organizations; 6 violating rules or standards pertaining to restrictions on outside income or knowlingly violating requirements for financial disclosure; 7 engaging in unwanted, offensive, or abusive sexual conduct, including sexual harassment or assault; 8 treating litigants, attorneys, judicial employees, or others in a demonstrably egregious and hostile manner; 9 creating a hostile work environment for judicial employees; 10 intentional discrimination on the basis of race, color, sex, gender, gender entity, pregnancy, sexual orientation, religion, national origin, age, or disability; 11 retaliating against complainants, witnesses, judicial employees, or others for participating in the judicial conduct and disability complaint process, or for reporting or disclosing judicial misconduct or disability; 12 refusing, without good cause shown, to cooperate in the investigation of a judicial conduct or disability complaint or enforcement of a decision under the Rules; and 13 failing to call to the attention of the relevant district chief judge or circuit chief judge any reliable information reasonably likely to constitute judicial misconduct or disability.

What is the Judicial Conduct and Disability Act?

(link is external) (“Act”), 28 U.S.C. §§ 351–364, and the Rules for Judicial-Conduct and Judicial-Disability Proceedings (“Rules”) govern this complaint process. You will likely want to consult the Act and the Rules before filing a complaint. Please visit the website of the appropriate court office, ...

How long does it take to get a judicial order reviewed?

You must file that petition for review within 42 days from the date of the judicial council’s order.

Who will consider a complaint?

In most instances, the chief judge of the circuit where you filed your complaint (or the chief judge of the Court of International Trade or the Court of Federal Claims, if applicable) will consider your complaint (if you filed your complaint in the appropriate court office).

What information is needed to file a complaint?

It must include a contact address, a description of the relevant events, a description of when and where the relevant events took place, and any other information that would help an investigator check the facts.

What happens when a judge does not follow the law?

Case Law also states that when a judge acts as a trespasser of the law, when a judge does not follow the law, he then loses subject matter jurisdiction and the Judges orders are void, of no legal force or affect.

What is the Pro Se complaint?

Pro se litigants should give a clear and concise description of what happened in chronological order, identifying the judge, the date, time, and place of his or her action, and specifying which acts violated which constitutional amendments. The complaint finishes with a section entitled "Prayer for Relief.".

What is the case number in Ulrich v Butler?

The case of Ulrich v. Butler case # 09-7660, was a civil case attempting to hold the Court to limits as defined by Constitutional and Statutory Law. Here is the US Supreme Court decision. Here are the details; fasten your seat belt:

What is limited government?

In a limited government, a government limited by the constitution, the violation of a citizens rights should never be justified due to the overriding government goals or objectives, and that no branch of the government be allowed to extend it's power beyond it's legal limits.

What is equitable relief?

Equitable relief includes: declaratory relief - (rulings by another judge in the form of opinions establishing the constitutionality or lack of constitutionality of another judges actions. ) injunctive relief - a command or order to do something or refrain from doing so.

What is the caption of a complaint?

Southern New York or Eastern California.) 2. Each complaint includes a caption indicating the name of the plaintiff, and the name of the defendant.

Is a judge considered a judicial function?

While a Judge performing Judicial functions may enjoy Immunity, denial of constitutional and civil rights are absolutely not a judicial function and conflicts with any definition of a Judicial function. Response to denials were Motions to reinstate using the Constitutional Articles as a major Guide, along with the Judges Oath of Office, ...

What to do if you feel a judge is unfair?

If you feel a judge is being unfair or is showing favoritism toward your opponent when it is not warranted, you can use the appellate process to have the decision reviewed, and you can also seek recusal or even disciplinary action.

Why do you have to recuse yourself from a lawsuit?

A party to a lawsuit may ask a judge to voluntarily recuse, or remove, himself from a case if the party believes he has reason to question the judge’s impartiality. For example, a judge may recuse himself if he is friends with or relatives of a party who appears before his court, or if the party is a former client. A recusal is also appropriate if a judge's personal feelings may cloud his professional judgment. For example, a judge who loses a spouse because of a doctor's mistake may be unable to rule with fairness and impartiality on a similar medical malpractice case.

What is an appeal based on?

The appeal must be based on an assertion that the judge made an error in his fact finding or that he incorrectly applied the law to the facts. For example, a party may believe that a judge's ruling was unfair because the judge applied incorrect law, ignored evidence, expressed prejudice or appeared intoxicated during trial.

What are the standards of a judge?

Judges are held to high legal and ethical standards . They must treat all people in their courtrooms with fairness and impartiality. Judges who show favoritism in court or who commit judicial errors that create unfair results face consequences.

How long does it take to get a motion for reconsideration?

Generally, the party must file the motion for reconsideration within a certain number of days after a judge makes an objectionable decision. You should contact your court about deadlines because they can vary from state to state and from court to court.

What is the duty of a judge?

A judge must adhere to ethical codes of conduct, which requires him to treat people in his courts with dignity and fairness. Judges who behave rudely or who tilt decisions based on their personal interests or biases may be subject to professional discipline. A party may file a formal grievance against state or federal judges.

Can you appeal a judge's decision?

A person who is unhappy with a judge's final ruling can also appeal the decision to a higher court. For example, if your case is in federal court for the District of New Jersey, you can appeal the judge's decision directly to the Third Circuit Court of Appeals. If your case is in state court, your state's court system will have an appellate court ...

What to do if your lawyer is stealing money?

If you seriously suspect your lawyer has misused any money he holds for you in trust, complain to your state's attorney regulatory agency right away. Although regulation of lawyers is lax in most states, complaints about stealing clients' money are almost always taken seriously, so you should get a prompt response.

What does it mean when a lawyer is not a malpractice?

Malpractice means that the lawyer failed to use the ordinary skill and care that would be used by other lawyers in handling a similar problem or case under similar circumstances. In other words, it's not malpractice just because your lawyer lost your case.