Judicial misconduct

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

Contents

Actions that can be classified as judicial misconduct include: conduct prejudicial to the effective and expeditious administration of the business of the courts (as an extreme example: "falsification of facts" at summary judgment); using the judge's office to obtain special treatment for friends or relatives; accepting bribes, gifts, or other personal favors related to the judicial office; having improper discussions with parties or counsel for one side in a case; treating litigants or attorneys in a demonstrably egregious and hostile manner; violating other specific, mandatory standards of judicial conduct, such as judicial rules of procedure or evidence, or those pertaining to restrictions on outside income and requirements for financial disclosure; and acting outside the jurisdiction of the court, or performance of official duties if the conduct might have a prejudicial effect on the administration of the business of the courts among reasonable people. Rules of official misconduct also include rules concerning disability, which is a temporary or permanent condition rendering a judge unable to discharge the duties of the particular judicial office. [1]

In India

Justice C. S. Karnan was sentenced to six months of imprisonment by the Supreme Court of India, holding him guilty of contempt of court. He was the first Indian High Court judge to be sent to prison for contempt while in office. [2] [3]

In the United Kingdom

In the UK, judicial misconduct is investigated by the Judicial Conduct Investigations Office. [ disputed ]

In the United States

A judicial investigative committee is a panel of judges selected to investigate a judicial misconduct complaint against a judge accused of judicial misconduct. Judicial investigative committees are rarely appointed. According to U.S. Court statistics, only 18 of the 1,484 judicial misconduct complaints filed in the United States Courts between September 2004 and September 2007 resulted in the formation of judicial investigative committees. [4]

Notable judges involved in misconduct allegations

United States

See also

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References

  1. Judicial Misconduct Rules – United States Court of Appeals for the Fifth Circuit
  2. Mittal, Priyanka; Vishwanath, Apurva (10 May 2017). "Supreme Court sentences justice C.S. Karnan to 6 months imprisonment". Livemint. Retrieved 11 May 2017.
  3. Rajagopal, Krishnadas (9 May 2017). "SC sentences Justice Karnan to six months imprisonment". The Hindu. Retrieved 11 May 2017.
  4. From nude photos to lying: Federal judges under scrutiny Houston Chronicle, October 13, 2008
  5. "Troubling trend: When Michigan judges need disciplining". USA TODAY. Retrieved 2016-02-16.
  6. "Ex-Judge Trading Robes For Prison Garb". The Huffington Post. Retrieved 2016-02-16.
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  8. "Judge Diane Hathaway's Lawyer on Her Bank Fraud: 'It was Dumb'". www.deadlinedetroit.com. Retrieved 2016-02-16.
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  12. Jones, Ross. "Fmr. Supreme Court Justice Diane Hathaway released from Camp Cupcake". WXYZ. Archived from the original on 2016-02-24. Retrieved 2016-02-16.
  13. "1801: Senate Tries Supreme Court Justice". www.senate.gov. Retrieved 2016-02-16.
  14. https://www.njcourts.gov/sites/default/files/acjc/MichaelKasselComplaint.pdf
  15. Wildstein, David (2023-06-01). "Superior Court judge reprimanded for unprofessional behavior". New Jersey Globe. Retrieved 2024-02-13.
  16. "Judges Reporting Personal or Immediate Family Involvement in Litigation; Changes in Venue | NJ Courts". www.njcourts.gov. Retrieved 2024-02-13.
  17. "Ehrlich v. Alvarez, No. 21-2342 | Casetext Search + Citator". casetext.com. Retrieved 2024-02-13.
  18. "Judicial Immunity | Encyclopedia.com". www.encyclopedia.com. Retrieved 2024-02-13.
  19. "Federal judge blasts township court for jailing man who couldn't pay littering fine". ABA Journal. Retrieved 2024-02-13.
  20. "Top judge to courts: Don't use big fines to raise cash for towns". nj. 2018-04-19. Retrieved 2024-02-13.