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Complaints Against Judges

The Idaho Judicial Council is responsible for managing complaints of judicial misconduct against judges. The council is comprised of three citizen members, two attorneys, one district judge and the Chief Justice of the Supreme Court.

Judicial misconduct is any violation of the Code of Judicial Conduct, which may include but is not limited to the following:

• Failure to perform duties impartially and diligently
• Failure to dispose promptly of the business of the court
• Conflict of interest
• Conduct prejudicial to the administration of justice that brings the office into disrepute

A complaint must be filed in writing. It may be in letter format or the complaint form, which can be accessed at http://www.judicialcouncil.idaho.gov/complaint.pdf, and filled out. The complaint must identify the judge and the specifics of the conduct or action believed to be improper. Names and addresses of witnesses should be included, as well as any documents or correspondence that substantiate the allegations. The letter or complaint form must be verified and notarized.

By statute, complaints and the identity of complainants are confidential. If the council conducts a preliminary investigation, the judge will receive a copy of the complaint. When a council recommendation is filed with the Supreme Court, it becomes a public document, which can be reviewed in the Supreme Court clerk’s office. The Supreme Court has disciplinary authority, and reviews any recommendation from the council for censure, suspension, removal of a judge for misconduct, or retirement of a judge for disability seriously interfering with the performance of judicial duties. The Supreme Court is not required to follow the council’s recommendations.

When a complaint is received by the judicial council, it is reviewed to determine that it is within the council’s jurisdiction. A confidential inquiry may be made or preliminary investigation conducted to verify allegations. The council carefully reviews all allegations. If an allegation involves legal issues, or for some other reason is not within the council’s jurisdiction, it will be dismissed. If the council believes it has sufficient evidence to proceed, it will require the filing of a formal complaint and hold a fact-finding hearing. At such a hearing, the judge has a right to defend against the charges and be represented by counsel. Witnesses and documents may be subpoenaed. If no violation is found, the complaint will be dismissed. If a violation of the Code of Judicial Conduct is found, or there is evidence of a disability that is seriously interfering with the judge’s ability to perform judicial duties, the council may take the following action.

• Recommend a remedial course of action, and require the judge’s acquiescence
• Require a personal appearance before the council
• Recommend that the Supreme Court retire, discipline, or remove the judge

For further information regarding the judicial Council, go to the judicial council’s Web site at http://www.judicialcouncil.idaho.gov where a “Judicial Complaint Form,” the “Idaho Code of Judicial Conduct,” the status of judicial vacancies, the rules of procedure, members of the Idaho Judicial Council, and the council’s current “Annual Report” can be found.