How to file a complaint against a judge

Share
Image 1

When can I file a complaint against a judge?

There must be certain grounds for appealing to higher authorities. This list includes:

  • Complaint against a judge: delay in consideration of the case. It may be filed due to non-compliance with the statutory deadlines, as well as the absence of a timely court decision or its entry into the Unified Register.
  • Violation of professional standards. If a conflict of interest is revealed during the proceedings, the official must either notify all parties to the case or recuse himself/herself. An appeal to a judge of the supreme or appellate court is also relevant in case of improper behavior or interaction with participants during the trial.
  • Mistakes made. It is unacceptable to make decisions based on negligent or intentionally misinterpreted legislative acts, as well as violations of the rights of participants in a court hearing.
  • Failure to comply with procedural rules. A complaint against the judge's actions may be filed in case of refusal to admit evidence or violation of the right to a fair trial.
  • Unlawful decisions. Justice should be based on the principle of fairness. And if the actions of an official do not comply with applicable law or violate the rights of litigants, a complaint against the judge may be filed with the chairman of the court.
  • Bias. The attitude to both the case and all its participants must be objective and fair. Otherwise, it is a direct contradiction to one of the main principles of the judiciary - independence and impartiality.

All actions and behavior of an official are strictly regulated by standards of professional ethics. And to protect their interests, a participant in a court hearing may file a complaint against a judge for an illegal decision, violation of procedural law, ignoring the arguments of one of the parties, non-compliance with equality standards, obstruction of the right to defense, or disrespect for the plaintiff or defendant, witnesses, lawyers, or other participants.

Where to complain about a judge

Depending on the reasons for the appeal, you can file an application with the Supreme Court or the Court of Appeal. A complaint against a judge to the High Council of Justice is also available, which can be sent both in paper form - by registered mail - and online. You can contact:

  • through the Electronic Court;
  • send an e-mail to: [email protected];
  • on the HCJ's official website: https://hcj.gov.ua/page/podaty-dyscyplinarnu-skargu.

For the convenience of users, the portal also contains current recommendations and a sample complaint against a judge.

Disciplinary action is possible only if there are specific grounds and arguments. Otherwise, the request will not be considered - this rule was adopted to avoid pressure on officials. An attorney may be disciplined for filing an unfounded request.

How to properly complain about a judge

There are several basic rules that must be followed when filing an application. It is important to know in what form and where to complain about a judge, but the basic guidelines remain the same:

  • Accuracy and conciseness. It is important to clearly state the reasons for the request and describe the facts of the misconduct. It is useful to follow a standard template, which will allow you not to miss any of the important points.
  • Written form. To greatly simplify the process of formulating a request, it is convenient to use a sample cassation appeal to a higher specialized court or other authorities. The text can be printed or handwritten, the first option is preferable. The standard sheet size is A4.
  • Evidence. In addition to describing the circumstances of the case, the filing procedure also requires the submission of court decisions, minutes of meetings, or copies of other papers that can confirm the violation.

Regardless of the reasons for filing a complaint against a judge: delay, violation of the law, conflict of interest, or other actions, it must be properly executed. Upon receipt, the sender will receive a notification that the document has been registered.

An aggressive form of presentation of the text, the use of obscene language or the use of expressions that degrade the dignity of an official is unacceptable. That is why it is so important to study in detail how to file a complaint against a judge. It is better to use the help of a qualified lawyer who will analyze and correct the original text to give it the desired form and maintain its informative content.

What to do after filing a complaint

The review process takes time, so you should not expect a quick response. After a complaint against a judge is received by the chairman of the court for misconduct or by the High Council for significant offenses, the applicant may also be invited to a hearing where he or she will have to substantiate his or her request. You can use the help of a legal representative if you cannot personally participate in the process.

If there is strong evidence and real violations by the official, the chances of getting justice are quite high. The main thing is to know where to complain about the judge and how to do it correctly.

1

Comments (0)

Read similar articles:

All news

Do you have any questions?

Email us, and the manager will respond to all your inquiries shortly.

Exit site