No. A judge is not automatically disqualified solely because a party in a case pending before the judge files a complaint against the judge; to hold otherwise would invite the filing of a complaint solely to obtain a judges disqualification and would invite judge shopping. Dunlop Tire Corp. v. Allen, 725 So. Application and Affidavit for Entry of Default. If you send in a complaint about any individual who falls outside of the Commissions jurisdiction, then the Commission cannot consider the complaint. Technical comments: Webmaster. Additional information on the Judicial Inquiry Commission and their establishment, mission, authority, recent statistics, members and staff can be found by clicking here. No. Await a letter of final decision from the Commission regarding the result of the investigation into the allegations contained in your complaint. Hemera Technologies/Photos.com/Getty Images, How to Find out My Traffic Ticket Number Without the Ticket in Alabama, How to Find Out If I Have a Warrant in Blount County, Alabama, How to Report Corruption in the Court System, How to File For a Non-Contested, No Children Divorce in Alabama, Whyjudgelittle.com: Alabama Judicial Inquiry Commission Complaint Form. The Commission will investigate your allegations. The Alabama Judicial Inquiry Commission is a constitutionally mandated state judicial disciplinary agency in Alabama. Motion for Summary Judgment by Plaintiff. Cases investigated by the commission may eventually . Please contact the Commissions office at (334) 242-4089, and a form can be sent to you in the mail. The Commission is not a court, and the Commissions process cannot be a substitute for the appellate or writ process. 401 Adams Avenue, Suite 720 No. Alabama's Unified Judicial System is one of the oldest in the nation. General Form for Interpleader and Declaratory Relief. Just as judges have a duty to disqualify when circumstances require under Canon 3C, they have a duty not to disqualify when circumstances do not require. The Statute of Limitations are as follows: Prior to any investigation, the Alabama Ethics Commission must receive a written and signed complaint which sets forth in detail Address Alabama Supreme Court and State Law Library 300 Dexter Avenue . Enforcement of the Alabama Ethics Laws begin with the filing of a Complaint. Based on its preliminary review, the Commission must decide within 70 days of receiving a complaint whether to conduct further investigation. Motion for Order Compelling Answers to Interrogatories. You will receive a letter by mail acknowledging receipt of your complaint, which will be sent to the address provided on the complaint form. You must provide specifics and details about the judge, the events surrounding your complaint, and what exactly was the offending act or actions of the judge. If the Commission dismisses the complaint, you will receive a letter notifying you of the dismissal. AlaFile is an application designed to allow users to file and receive service copies of court documents electronically. It explains how and where to file a complaint against an Alabama lawyer. Please do not hesitate to contact our office or the Eleventh Circuit if you have any questions regarding this process. The complainant does not need to be an Alabama resident, does not need to be a party to a proceeding before the judge, and does not need to be related in any way to the alleged misconduct. Return the complaint and all attachments to: Judicial Inquiry Commission P. O. Summons - Civil. The Supreme Court of Alabama, through the Alabama State Bar, regulates lawyer conduct in this state. Formal and Informal Advice Requests from Judges. Motion by Defendant to Add Additional Plaintiff. Cover Sheet Circuit Court-Civil Case (Not for Domestic Relations Cases). Filing a complaint is not a substitute for appeal and has no effect on your legal or appellate rights. It cannot reverse or overturn a judges rulings; intervene in a case; remove a judge from a case; order a judge to take certain action in a case; or award money damages or other relief. Copyright 2020 Alabama Judicial System | 300 Dexter Avenue | Montgomery, Alabama 36104 Category: Other Forms. Can the Commission advise me about whether something a judge did is misconduct that warrants disciplinary action? You must send the original signed and notarized complaint form, not a copy. 1 2 3 AlaFile is an application designed to allow users to file and receive service copies of court documents electronically. If a complaint is dismissed after the preliminary review without opening an investigation, the judge is never notified of the existence of that complaint. Motion for Summary Judgment by Defendant. [Form C-25A], Default Judgment Entered by Clerk. Motion by Defendant to Bring in Additional Defendant. Complaints against multiple judges require multiple complaint forms. Be sure to date and if possible, estimate the time of the events and circumstances in your complaint. Read More: How to File For a Non-Contested, No Children Divorce in Alabama. If the complaint is dismissed, you will receive a letter notifying you of the dismissal. Motion for Order Shortening Time for Response. Civil Subpoena for Production of Documents, etc., Under Rule 45. Draft your complaint. An extension of an additional 180 days may be Even if a judges decision is legally or factually wrong and the results cause problems for the parties, the ruling is generally considered to be legal error, not misconduct that the Commission can address. What does it mean that the Commission does not generally review legal error or disputes about the merits of a judges decision? If charges are filed in the Court of the Judiciary, its Rules of Procedure encourage prompt disposition of any proceedings. 401 Adams Avenue, Suite 720 Montgomery, AL 36130 P.O. Box 303400 Montgomery, AL 36130-3400 Phone (334) 242-4089 Fax (334) 353-4043 jic@jic.alabama.gov www.jic.alabama.gov MOBILE, Ala. ( WALA) - A suspended judge has resolved a judicial ethics complaint against him and will resume his duties next week, court officials confirmed Thursday. Box 303400 (334) 242-4089 To beg in the complaint proce ss, complete this form and prepa re the brief sta tement of fa cts descr ibed in item 5 (below) . 401 Adams Avenue, Suite 720 If the Commission decides to investigate your complaint and it needs additional information, someone will get in touch with you based on the contact information you provided on the complaint form. . Legal error or abuse of discretion can amount to ethical or judicial misconduct if there is evidence of intentionally or consistently ignoring the law, evidence of abuse of judicial power, or other evidence of bad faith. If you are filing more than one complaint, do not combine your complaint details or your exhibits into . Pandova holds a Master of Laws in health law from Loyola University Chicago, a Juris Doctor from Case Western Reserve University and a Bachelor of Arts in history and political science from Case Western. Just because a judge makes a mistake in his/her ruling does not automatically mean that the judge has engaged in judicial or ethical misconduct. Simply fill out the complaint form, make sure it is signed and notarized, and mail it via U.S. mail to the Commissions office at: Alabama Judicial Inquiry Commission Motion to Compel Answers at Deposition on Oral Examination. The members are elected by the Virginia General Assembly . Third-Party Complaint. But please note, if you tell the judge presiding over your case that you have filed a complaint against him/her with the Commission, he/she will not be automatically disqualified from continuing to hear your case. The nine-member Judicial Inquiry Commission was constitutionally created to investigate allegations of misconduct by Alabama judges and, where appropriate, to file formal charges against judges in the Alabama Court of the Judiciary. Judges are elected by the people of Alabama and have a duty to their constituents to dispose of any matter properly before the court unless the law requires otherwise. Can the Commission investigate any judge? "'All I want is who was driving the car.', she said, according to the complaint. use a SEPARATE complaint form for each attorney, with the details and relevant exhibits attached to each separate complaint. Rules Governing Appeals from Decisions of the Alabama Court of the Judiciary Media Coverage Plan Visitor Guidelines for the Heflin-Torbert Judicial Building Contact Information Supreme Court of Alabama 334.229.0700 Court of Civil Appeals 334.229.0733 Court of Criminal Appeals 334.229.0751 State Law Library 334.229.0578 Complaint for Stockholder's Derivative Action. 4/3/2017. Motion for Dissolution of Writ and Request for Hearing. You may be contacted by an investigator which is tasked from the Alabama Attorney General if the case requires additional investigative help. If you want or intend to appeal from a judges order, you must pursue your appellate rights through the judicial system, and you should immediately obtain legal advice about your appellate remedies. If the Commission decides within the 70 days to conduct further investigation, it must notify the judge within 14 days of its decision. P.O. An Alabama judge has been suspended after an ethics commission accused him of mocking an Asian juror, referring to the 77-year-old governor as "MeMaw," telling defendants they would be sexually. Will filing a complaint help my pending court case? Technical comments: Webmaster. If you need copies of anything, you must make them before sending materials to the Commission. Motion for Judgment Notwithstanding the Verdict or, in the Alternative, for New Trial. Order for Hearing on Application for Writ of Seizure. Filing a complaint with the Commission will not have any direct effect on your court case. More than 100 allegations were outlined in a scathing 78-page complaint issued in March by the Judicial Inquiry Commission, the state body that reviews complaints against judges, detailing racist . If the complaint is dismissed, you will receive a letter notifying you of the dismissal. Effective onMarch 1, 2016. The library is located on the first floor of the Heflin-Torbert Judicial Building. To have a complaint form sent to you, please contact the Commission's office at (334) 242-4089, or you may download and print the complaint form yourself here. No. Complaint of Judicial Misconduct or Disability. The Commission is required to maintain the confidentiality of all proceedings except the filing of formal charges with the Court of the Judiciary. The appellate process is subject to strict deadlines, and you should immediately obtain legal advice about your appellate remedies. To obtain an attorney or legal aid referral, you may contact the Alabama State Bar Lawyer Referral Service at http://www.alabar.org or by calling (800) 392-5660. You should file an addendum to your existing complaint or file a new complaint. "This . Also, it is important to remember that just because a judge ruled against you does not necessarily mean that the judge was unfairly biased or prejudiced against you. Yes. Can I file a complaint over the phone or by email? The appellate process is subject to strict deadlines, and you should immediately obtain legal advice about your appellate remedies. Motion to Dismiss Action for Failure to Comply With Order. JIC Opinions are available on the Alabama State Bar website ( JIC Opinions) Canons of Judicial Ethics Rules of Procedure of Judicial Inquiry Commission Court of the Judiciary Contact Judicial Inquiry Commission 401 Adams Avenue P.0. Any questions regarding the procedures of the Commission or any comments regarding the Commission should be directed to the Commission at jic@jic.alabama.gov. Here is last information associated with organization - alabama judicial inquiry commission on 2022-06-29, it consists of 36 articles. Alabama does not follow the modern trend of encouraging confidential complaints against judges. the alabama judicial inquiry commission ("the jic") filed a complaint against judge john randall "randy" jinks, the probate judge for talladega county, alabama, alleging that he had violated the alabama canons of judicial ethics by frequently exhibiting an inappropriate demeanor, by inappropriately using a work-assigned computer and a The Statute of Limitations are as follows: Closed because the Ethics Commission does not have jurisdiction regarding the The Eleventh Circuit website provides a copy of the complaint form and complaint filing instructions. Box 303400 Box 367 Richmond, Virginia 23218-0367; Phone - (804) 786-6636; Members and Counsel Canons of Judicial Conduct for the State of Virginia As with any question of disqualification, a judge must make that determination based on the requirements of Canon 3C. You must provide specifics and details about the judge, the events surrounding your complaint, and what exactly was the offending act or actions of the judge. If the Commission decides to file formal charges in the Court of the Judiciary, those are public, and you will be notified. All correspondencemust be sent to: Judicial Inquiry and Review Commission P.O. You will be informed whether the matter has been dismissed, or whether it has been referred to the Court of the Judiciary, which is the body which handles enforcement of judicial misconduct charges. Contact Information Supreme Court of Alabama 334.229.0700 Court of Civil Appeals 334.229.0733 Court of Criminal Appeals 334.229.0751 One Case At a Time Welcome to the UJS Portal. If you are unhappy with a judges ruling, you must pursue your appellate rights through the judicial system, which is the only way to get a judges decision changed. (334) 242-4089. Suspended County Probate Judge Responds To Inquiry Commissions Complaint Against Him 2021-05-01. negative . If I am a party in a case pending in front of a judge and I file a complaint against that judge with the Commission, is the judge required to disqualify himself/herself from my case? Here in the state of Alabama that means you must file it in Atlanta with the Eleventh Circuit Court of Appeals. Because of the Commission's confidentiality requirements, and because judge's are served a copy of the complaint if an investigation is initiated, the complaint form should only mention the specific judge against whom you have a complaint. Thank you for visiting our website. Complaints. The Commission will typically dismiss a complaint when it does not have jurisdiction over the person or the issue, when the complaint does not provide enough information to evaluate its merits, or when the complaint does not allege any unethical conduct by a judge. A complaint may only be filed by a person who has or persons who have credible and verifiable information supporting the In 2004, Judge Kelly took office as a family court judge in Montgomery County, 15th Judicial Circuit . No. The Commission cannot accept anonymous complaints. Notice of Right to Claim Exemption from Execution. Once completed, you may submit the complaint via U.S. mail to: Alabama Judicial Inquiry Commission 401 Adams Avenue, Suite 720 We hope you find it to be both useful and informative, Alabama.gov | Alabama Directory Motion to Dismiss, Presenting Defenses of Failure to State a Claim, of Lack of Service of Process, of Improper Venue, and of Lack of Jurisdiction under Rule 12(b). C-93. share share share share. The Commission alleges and charges as follows: I. The Commission is not permitted to investigate an unverified complaint. Motion by Defendant for Severance of Claims of Several Plaintiffs. What happens to my complaint after filing? No. 2d 960, 977 (Ala. 1998) (cleaned up). not to jeopardize an on-going investigation. Form 31. AlaPay is the official website for credit card payments of state traffic tickets and criminal fines. The Commission cannot even confirm or deny the existence of a complaint or investigation. Motion to Extend Time to Answer Interrogatories. The Alabama Court of the Judiciary is convened to hear complaints against judges deemed credible by the Judicial Inquiry Commission, but such complaints are relatively rare. However, if the Commission decides to further investigate the complaint, the Commission's rules require that it serve upon the judge a copy of the complaint and any material provided with the complaint. May 17, 2021 BIRMINGHAM, Ala. (AP) An Alabama judge who handles domestic relations cases used fake social media accounts to harass people with cases before her, verbally abused office workers and lawyers and showed signs of drug use and mental instability, state judicial investigators alleged. If other action is taken, you will also be notified. Copyright 2020 Alabama Judicial System | 300 Dexter Avenue | Montgomery, Alabama 36104 Simply stated, our mission is to be the most successful judicial system in the nation. Motion for Order Compelling Party to Answer Interrogatories. Follow @heapevents on twitter. The Commission has the discretion to dismiss a complaint which presents no likelihood of obtaining reliable or credible evidence, so failure to provide specifics can be fatal to your complaint. However, if you do attach documents or items to the complaint, you should say how they are relevant to the allegations of unethical conduct in your complaint, and you should give the pages or sections that are relevant. We hope you find it to be both useful and informative, Alabama.gov | Alabama Directory The Judicial Inquiry Commission provides a form which allows you to enter a narrative on your complaint for filing purposes. Notice of Acceptance of Offer of Judgment. Answer Presenting Defenses Under Rule 12(b). Trial Courts E-Filing; . The Commissions rules require a verified complaint. This means that it must be signed and notarized. Box 671 Montgomery, AL 36101-0671 . Because of the Commissions strict confidentiality rules, information about a complaint cannot be given out over the phone or by email to anyone, including the complainant. Thank you for visiting our website. Return your completed form to: Alabama State Bar Disciplinary Commission P. O. July 13, 2022 Advisory Opinion Judicial Inquiry Commission; Requests and Invitations . Motion for Order That Facts Be Taken as Established. The Commission does not have the authority to change a court ruling, decision, or order. Simply stated, our mission is to be the most successful judicial system in the nation. Anyone may file a complaint with the Commission, including a member of the Commission or the Commissions staff. Statement in Response to Requests for Admission. Moments later, states the complaint, Farranto asked the driver's name. Can I get them back? Where do I send the complaint form? Just One Look: ON-DEMAND Access To Alabama State Trial Court Records. C-34. This includes all Alabama appellate judges, Circuit judges, District judges, Probate judges, and municipal judges. General Form of Complaint in Action by Plaintiff Claiming. Allegations of bias must include specific information or examples beyond the mere fact that the judge ruled against you. I'll bust your ass.". Pre-Trial Order. the specific charges against a respondent, and the factual allegations which support such charges. (UJS form C-13). granted. The Commissions jurisdiction is limited. It is possible that the judge will need to disqualify, but it is also entirely possible that the judge will not need to disqualify. General information about the Commission, how to file a complaint, and how complaints are investigated Contact Information. The commission received about 1,000 inquiries from the public last fiscal year regarding the complaint process, Garrett said. Complaint for Wrongful Death, Personal Injuries. However, even if the Commission finds misconduct by the judge in that case, the Commissions proceeding will only address the judges ethical misconduct; it will not affect the judges ruling. Once completed, you may submit the complaint via U.S. mail to: Alabama Judicial Inquiry Commission 401 Adams Avenue, Suite 720 P.O. Jul 15, 2022-July 13, 2022 Advisory Opinion, February 2, 2022 Advisory Opinion It is strongly recommended and we encourage any Complainant not to discuss any matter filed with the Ethics Commission so Complaint for Recovery of Chattels in Specie. No. What information do I need to include in my complaint? (UJS form C-29), Order and Writ of Seizure. But the commission will only investigate formal sworn written. Motion to Bring in Third-Party Defendant. . Motion for Extension of Time to Respond to Request to Admit. It is important to note that unlike most states, in Alabama the judge you filed your complaint against will be notified of the complaint, will be informed of your identity and be allowed to examine the evidence and witnesses you present. Copyright 2022 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Request and Affidavit for Pre-judgment Writ of Seizure. The Commission has 180 days to determine whether probable cause exists. The Rules for Judicial-Conduct and Judicial-Disability Procee dings, a dopted by the J udicial Confer ence of the United States, contain informa tion on what to include in a complaint Our Justices, Judges and staff share the sentiments of former United States Chief Justice Earl Warren when he stated that, "The success of any legal system is measured by its fidelity to the universal ideal of justice." A complaint must be submitted in writing, must specifically name a judge (and not simply name an entire court), and must contain enough specific facts for the Commission to evaluate the judges alleged misconduct or disability. (UJS form C-30). Mobile County Circuit. Please note, if the Commission decides to open an investigation, a copy of your complaint and all supporting materials will be provided to the judge against whom the complaint is made. If you send something to the Commission, you will not get it back. The Alabama Ethics Commission is prohibited from accepting Verbal Complaints, Anonymous Complaints or Unsigned The Complaint Process A complaint may only be filed by a person who has or persons who have credible and verifiable information supporting the allegations contained in the complaint. The Commission cannot provide legal advice. Request for Production of Documents, etc., Under Rule 34. the judicial inquiry commission, which consists of nine members, is authorized to file a complaint with the court of the judiciary if a majority of the members of the commission decide that a reasonable basis exists to charge a judge with a violation of any canon of judicial ethics, misconduct in office, failure to perform his or her duties, or Click below to access the brochure and "Complaint Against a Lawyer" form: Brochure and Complaint Form This does not include federal judges, private judges, arbitrators, mediators, referees, masters, magistrates, court administrators, clerks, other judicial employees, attorneys (non-judges), administrative law judges, or retired inactive state judges. Complaint on a Policy of Marine Insurance. You do not have to pay anything to file a complaint against a judge. alleged wrongdoing or the Statute of Limitations has expired. The Judicial Inquiry and Review Commission was created by the Constitution of Virginia to investigate charges of judicial misconduct or serious mental or physical disability. The Commission is required to retain all complaints and investigative materials that it receives. Each complaint form can only name a single judge. In most cases, if a judge makes a mistake in a ruling or decision, the legal error will not qualify as unethical conduct. The Commission and its staff are not allowed to give you legal advice about your case or an opinion about whether something is or is not misconduct. What if I don't have a printer to print out the complaint form? Complaint for Wrongful Death, Personal Injuries. Do not use a single complaint form to complain about more than one judge or disclose any complaints you are making or have made about another judge. Motion for Leave to Take Depositino of Prisoner. (UJS form C-25), See also, Application and Affidavit for Entry of Default Judgment. The Commission has seven members consisting of three judges, two lawyers, and two citizens who are not lawyers. Motion to Drop Defendant or for Severance of Claims. Box 303400 Moreover, if a complaint is dismissed after the preliminary review without opening an investigation, the judge is never even notified of the existence of that complaint.