What is the Judicial Qualifications
Commission?
The Judicial Qualifications Commission is a constitutionally created
independent State Commission responsible for investigating complaints
of judicial misconduct and/or judicial incapacity and for disciplining
judges in the State of Georgia. It is composed of two lay people, two
judges and three attorneys who, after investigation and hearings, may
recommend to the Supreme Court the removal, discipline, or retirement
of a particular judge. The Commission operates under rules established
by the Supreme Court, and copies are available upon request from the
Commission office.
I believe a Judge has violated the Code
of Judicial Conduct. Where do I file a complaint?
You may file a written complaint with the:
Judicial Qualifications Commission
Suite C
8206 Hazelbrand Road
Covington, GA 30014
Important Notice: Confidentiality
By Court rules, all complaints filed with the Commission are required
to be kept confidential until the Commission gives notice of Formal
Proceedings or until the complaint in question is otherwise resolved
or closed. Confidentiality encompasses all proceedings of the Commission,
including the filing of a complaint, and all information and materials,
written, recorded or oral, received or developed by the Commission
in the course of its work. Pursuant to this Rule, all Commission investigations
are confidential and the Commission cannot confirm or deny that a
complaint has been filed or that an investigation is underway. Any
violation of this rule may result in a citation for contempt by the
Supreme Court.
Must I use a form to file my complaint?
YES. Forms are available upon request from the Commission office
and also on this site by clicking here.
The complaint form must be typed or legibly hand-printed, dated, signed
and filed under penalty of perjury. The Commission cannot accept faxed
copies of any complaint.
What is judicial misconduct?
Judicial misconduct is any violation of the Code of Judicial Conduct,
which may include, but is not limited to, the following:
Who finally decides whether a judge has
violated the Code of Judicial Conduct?
In the first instance the Commission makes the decision as to whether
or not a violation has occurred. However, any recommendation by the
Commission for censure, suspension, removal of a judge or retirement
of a judge for disability is subject to review by the Supreme Court.
In such an instance, the Supreme Court makes the final decision and
is not required to follow the recommendation of the Commission.
Does the Commission have jurisdiction
over legal matters?
NO. The Commission is not an appellate court. It does not have
authority to review, revise or correct the legal or factual validity
of any judge's decision. Such rulings may be appealed to a higher
court and must be pursued through the legal process.
What will the Commission do with my complaint?
When a typed or legibly hand-printed and signed complaint is received
in the Commission office, it is reviewed by the Executive Director
to determine whether it falls within the jurisdiction of the Commission.
Many complaints received do not on their face involve judicial misconduct
or otherwise fall outside the Commission's authority and such complaints
are dismissed and the complainant is so advised. If the complaint
appears to be within the Commission's jurisdiction, it is assigned
a docket number and reviewed by the full Commission at its next regularly
scheduled monthly meeting. If after review, the complaint is found
to lack merit, it will be dismissed and complainant so advised. If
not dismissed, a copy of the complaint, together with all exhibits,
is sent to the judge complained against. The judge is given an opportunity
to make an informal response by letter. Such response is for the Commission
only and a copy is not provided to the complainant. After receipt
of the judge's comments, the matter is again considered at the next
monthly meeting. The Commission may admonish or reprimand the judge
or otherwise resolve the matter by the use of the informal sanctions
authorized by Commission Rule 4(f). Copies of such informal sanctions
are not provided to the complaining party, but he/she is advised of
the final Commission decision.
When the Commission believes it to be justified, it will issue a Notice
of Formal Proceedings. In such proceedings, the judge has a right
to defend against the charges and to be represented by a lawyer. Witnesses
and documents may be subpoenaed, and the complaining party is usually
called to testify under oath. If no violation is found, the complaint
is dismissed. If a violation or a disability is found, the Commission
may recommend to the Supreme Court retirement, censure, suspension,
or removal from office.
May I speak privately with individual Commission Members or personally
appear before the Commission?
NO. All communications with the Commission must be in writing
and addressed to the Commission Office.
Can I get a judge off my case if I make a complaint against the
judge?
NO. An allegation of judicial misconduct is not a substitute
for recusal procedures, and you should seek the advice of your attorney
as to the procedure for attempting to remove a judge from your case.
The Commission usually does not consider a complaint while a matter
is pending before the Court.
Should I delay my appeal until my complaint for judicial misconduct
is concluded?
NO. You must proceed with whatever remedy is available to you
within the court system to correct any judicial errors you believe
were committed in your case, usually within 30 days of the date of
the decision about which you complain. Your complaint of judicial
misconduct is a matter totally separate and independent of your litigation
and will have no effect on any legal decision on appeal.
How long does it take to resolve a complaint for judicial misconduct?
The Commission normally meets once a month, so final disposition may
take several months, depending on the complexity of the matter. You
will receive written notice of the final disposition at such time
as it is appropriate. In addition, the Commission has no emergency
powers and cannot, under any circumstances, interfere in any pending
or ongoing litigation.
Does the Commission give legal advice?
NO. The Commission is not authorized to give legal advice to
citizens or represent clients. However, it is authorized to render
advisory opinions concerning proper interpretation of the Code of
Judicial Conduct to judges, attorneys, and other public officials.
Specifically, over what positions does the Commission have jurisdiction?
All active Supreme Court justices, Court of Appeals judges, Superior
Court judges, State Court judges, Probate judges, Magistrate judges,
Municipal Court judges, Judges pro tempore,
and all other state judges or state officers exercising judicial authority,
except coroners. The Commission does not have jurisdiction over attorneys,
federal judges or referees in bankruptcy and has only limited jurisdiction
over former state judges.
