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LSNJLAW > Legal Topics > Courts > New Jersey State Courts > New Jersey Supreme Court

How to File a Complaint Against a State Court Judge

 

Judges must follow the ethical rules contained in the Judicial Code of Conduct when they hear and decide cases. If you believe that a judge has acted in an unethical way, you can file a complaint against a judge with the Advisory Committee on Judicial Conduct.

What are some examples of unethical conduct by a judge?

The Judiciary’s website says unethical conduct “may include yelling at court users/attorneys, hearing a case in which the judge has a conflict of interest, or talking about a case with one party while the other party … [or their lawyer] is out of the room …”

What are the steps for filing a complaint?

You can file a complaint using this New Jersey Court form or by writing a letter to the Advisory Committee on Judicial Conduct. You should include the name of the judge, describe what happened, and attach any documents that support your claim. Mail the letter or complaint to:

Advisory Committee on Judiciary Conduct
Richard J. Hughes Justice Complex
P.O. Box 037
Trenton, New Jersey 08625-0037 

Or email the complaint or letter to:

[email protected]

What happens after a complaint is filed?

The committee will review the complaint. They will either dismiss the complaint if they think the judge hasn’t done anything wrong, or they will investigate. The committee will let you know what they decide. As part of the investigation, they may speak to the judge and will then let them know who filed the complaint. The committee may take several months to reach a decision on your complaint.

What happens after the committee investigates the complaint?

The committee has three choices after it investigates the complaint. First, it can dismiss the complaint. Second, it can “privately discipline” a judge by sending a letter to the judge. Third, it can file a formal complaint with the New Jersey Supreme Court and recommend that the New Jersey Supreme Court “publicly discipline” the judge. Only the New Jersey Supreme Court can dismiss a judge.

Can the committee change a judge’s decision?

No, the committee cannot examine a judge’s decision and decide if the judge was correct in their evaluation of the facts and the law. If you think that a judge’s decision in your case was wrong, you should file an appeal with the Appellate Division.

Can the committee make the judge on my case step down?

No, the committee cannot make the judge on a case step down. You must file a motion asking for recusal.

Where can I find more information on filing an ethics complaint against a judge?

You can find more detailed information at Filing a Judicial Ethics Complaint (from New Jersey Courts). You can also call the Advisory Committee on Judiciary Conduct and talk with the Committee staff at 609-815-2900 ext. 51910.