Judicial Discipline: Investigating and Adjudicating Bodies
FIPS | State or other jurisdiction |
Investigating body | Adjudicating body | Appeals from adjudication are filed with: |
Final disciplining body | Point at which reprimands are made public |
---|---|---|---|---|---|---|
01 | Alabama | Judicial Inquiry Committee | Court of the Judiciary | Court of Last Resort | Court of the Judiciary | Filing of the complaint with the Court of the Judiciary |
02 | Alaska | Committee on Judicial Conduct | Supreme Court | Court of Last Resort | Supreme Court | Filing of recommendation with Supreme Court |
04 | Arizona | Commission on Judicial Conduct | Commission on Judicial Conduct | Court of Last Resort | Supreme Court | Within 15 days of formal charges being brought, unless a motion for reconsideration is filed |
05 | Arkansas | Judicial Discipline and Disability Committees | Commission | Court of Last Resort | Supreme Court | At disposition of case |
06 | California | Commission on Judicial Performance | Commission on Judicial Performance | Court of Last Resort | Commission on Judicial Performance | Upon commission determination (a) |
08 | Colorado | Commission on Judicial Discipline | Commission on Judicial Discipline | No appeal | Supreme Court | Adjudication |
09 | Connecticut | Judicial Review Council | Judicial Review Council; Supreme Court (b) | Court of Last Resort | Supreme Court | Public censure is issued at between 10 and 30 days after notice to the judge, provided that if the judge appeals there is an automatic stay of disclosure |
10 | Delaware | Preliminary Committee of the Court on the Judiciary | Court on the Judiciary | No appeal | Court on the Judiciary | Upon issuance of opinion and imposition of sanction |
12 | Florida | Judicial Qualifications Commission | Judicial Qualifications Commission (b) | No appeal | Supreme Court | Filing of formal charges by Committee with Supreme Court Clerk |
13 | Georgia | Judicial Qualifications Commission | Supreme Court | No appeal | Supreme Court | Formal Hearing |
15 | Hawaii | Commission on Judicial Conduct | Commission on Judicial Conduct | No appeal | Supreme Court | Imposition of public discipline by Supreme Court |
16 | Idaho | Judicial Council | Supreme Court | Court of Last Resort | Supreme Court | Filing with the Supreme Court |
17 | Illinois | Judicial Inquiry Board | Courts Commission | No appeal | Courts Commission | Filing of decision by Courts Commission |
18 | Indiana | Commission on Judicial Qualifications | Supreme Court | Court of Last Resort | Supreme Court | After disciplinary charges are filed and case is tried or agreed resolution is accepted by Supreme Court |
19 | Iowa | Judicial Qualifications Commission | Judicial Qualifications Commission | Court of Last Resort | Supreme Court | Referral by the commission to the Supreme Court recommending formal sanction |
20 | Kansas | Commission on Judicial Qualifications | Supreme Court | Court of Last Resort | Supreme Court | Reprimand is published if approved by Supreme Court |
21 | Kentucky | Judicial Conduct Commission | Judicial Conduct Commission | Court of Last Resort | Judicial Conduct Commission | Once the judge has responded to the formal charges |
22 | Louisiana | Judiciary Commission | Supreme Court | No appeal | Supreme Court | The lodging of the record of proceedings and a recommendation by the Judiciary Commission to the Supreme Court |
23 | Maine | Committee on Judicial Responsibility and Disability | Supreme Judicial Court | No appeal | Supreme Court | Filing of report to Supreme Judicial Court |
24 | Maryland | Commission on Judicial Disabilities | Commission on Judicial Disabilities | Court of Last Resort | Court of Appeals | Unless confidential, upon filing of a response (or expiration of the time for filing a response) with the Commission |
25 | Massachusetts | Commission on Judicial Conduct | Supreme Judicial Court | No appeal | Supreme Judicial Court | Supreme Judicial Court |
26 | Michigan | Judicial Tenure Commission | Supreme Court | Court of Last Resort | Supreme Court | Filing of formal complaint by commission with Supreme Court or upon filing in the Supreme Court a consent resolution to a matter |
27 | Minnesota | Board on Judicial Standards | Supreme Court | No appeal | Supreme Court | Filing of formal charges by committee with Supreme Court |
28 | Mississippi | Commission on Judicial Performance | Supreme Court | No appeal | Supreme Court | Recommendation of Commission to Supreme Court |
29 | Missouri | Commission on Retirement, Removal and Discipline | Commission on Retirement, Removal and Discipline | Court of Last Resort | Supreme Court | Filing of recommendation by Committee to Supreme Court |
30 | Montana | Judicial Standards Commission | Supreme Court | No appeal | Supreme Court | Filing of record by Committee with Supreme Court |
31 | Nebraska | Commission on Judicial Qualification | Supreme Court | No appeal | Supreme Court | Commission may issue a public reprimand |
32 | Nevada | Commission on Judicial Discipline | Commission on Judicial Discipline | Court of Last Resort | Commission on Judicial Discipline | Discretion of the Commission, upon filing of report by Committee and service upon judge |
33 | New Hampshire | Supreme Court Committee on Judicial Conduct | Supreme Court | No appeal | Supreme Court | On issuance of reprimand |
34 | New Jersey | Advisory Committee on Judicial Conduct | Supreme Court | No appeal | Supreme Court | When reprimand is filed by Supreme Court |
35 | New Mexico | Judicial Standards Commission | Supreme Court | No appeal | Supreme Court | Upon recommendation of Commission to Supreme Court |
36 | New York | Commission on Judicial Conduct | Commission on Judicial Conduct | Court of Last Resort | Commission on Judicial Conduct and Court of Appeals | After a hearing at which a judge is admonished, censured, removed or retired, and after the judge is served |
37 | North Carolina | Judicial Standards Commission | Supreme Court | No appeal | Supreme Court | Public imposition of disciplinary action by the Supreme Court |
38 | North Dakota | Commission on Judicial Conduct | Supreme Court | No appeal | Supreme Court | At formal hearing |
39 | Ohio | Office of Disciplinary Counsel | Board of Commissioners on Grievance and Discipline | Court of Last Resort | Supreme Court | Adjudication |
40 | Oklahoma | Court on the Judiciary Trial Division Council | Court on the Judiciary Trial Division; Council on Judicial Complaints | Court on the Judiciary Division; no appeal from Council on Judicial Complaints | Court on the judiciary appellate division | Filing with clerk of the appellate court |
41 | Oregon | Commission on Judicial Fitness and Disability | Supreme Court | No appeal | Supreme Court | Allegations become public when the commission issues a notice of public hearing. |
42 | Pennsylvania | Judicial Conduct Board | Court of Judicial Discipline | Court of Last Resort | Supreme Court | Once a final decision has been made |
44 | Rhode Island | Commission on Judicial Tenure and Discipline | Supreme Court | No appeal | Supreme Court | Unless private, after the commission files its recommendation with the Chief Justice |
45 | South Carolina | Commission on Judicial Conduct | Supreme Court | No appeal | Supreme Court | Adjudication |
46 | South Dakota | Judicial Qualifications Commission | Supreme Court | No appeal | Supreme Court | Filing with the Supreme Court |
47 | Tennessee | Board of Judicial Conduct | Board of Judicial Conduct | Court of Last Resort | General Assembly | Filing formal charges with Board of Judicial Conduct |
48 | Texas | State Commission on Judicial Conduct | State Commission on Judicial Conduct (d) | Court of Last Resort | Special Court of Review | When issued by the Commission |
49 | Utah | Judicial Conduct Commission | Judicial Conduct Commission (e) | Court of Last Resort | Supreme Court | 10 days after filing appeal |
50 | Vermont | Judicial Conduct Board | Supreme Court | Court of Last Resort | Supreme Court | Supreme Court |
51 | Virginia | Judicial Inquiry and Review Commission | Supreme Court | Court of Last Resort | Supreme Court | Filing of formal complaint by Commission with Supreme Court |
53 | Washington | Commission on Judicial Conduct | Commission on Judicial Conduct | Supreme Court | Supreme Court | At termination of proceeding in CJC |
54 | West Virginia | Judicial Investigation Commission | Judicial Hearing Board | Court of Last Resort | Supreme Court of Appeals | Upon decision by Supreme Court of Appeals |
55 | Wisconsin | Judicial Commission | Supreme Court | No appeal | Supreme Court | Filing of formal complaint with Supreme Court |
56 | Wyoming | Commission on Judicial Conduct and Ethics | Supreme Court | No appeal | Supreme Court or Special Supreme Court | Upon the recommendation of the Conduct and Ethics Commission and Order of the Supreme Court |
11 | Dist. of Columbia | Commission on Judicial Disabilities and Tenure | Commission on Judicial Disabilities and Tenure | Chief Justice of U.S. Supreme Court | Commission on Judicial Disabilities and Tenure | Public reprimands are issued with the judge’s consent; orders of involuntary removal become public upon filing with the D.C. Court of Appeals |
72 | Puerto Rico | Judicial Discipline Commission | Supreme Court | No appeal | Supreme Court | Filing of formal complaint to the Judicial Discipline Commission |
Source:
National Center for State Courts, July 2022.Key:
N.A. | — | Not applicable. |
Footnotes:
(a) | Public admonishments or public censures are sent to the judge describing the improper conduct and stating the findings made by the commission; these notices are made available to the press and the general public. |
(b) | For suspensions in excess of one year or removal from office, the Judicial Review Council makes a recommendation and the Supreme Court makes the decision. |
(c) | The Judicial Qualifications Commission investigates and makes recommendations to the Supreme Court for discipline or removal. |
(d) | Decision by the conduct commission cannot be implemented until reviewed and approved by the Supreme Court. |
(e) | Commission has the authority to issue sanctions, but recommendations of removal must be brought before the Supreme Court. |