What does the Board do once a complaint is received?

The first step in the discipline process involves a preliminary inquiry into a complaint by the Board’s staff. During this stage, you or other witnesses may be interviewed and documents other than those provided with your complaint may be reviewed. Once there is sufficient information to conclude the preliminary inquiry, the full Board will review the complaint.

At this stage, the Board is most likely to make one of two choices:

Dismiss the complaint because it is clear that the allegations do not warrant disciplinary action against the accused judge; or

Authorize a full investigation to determine if there is “clear and convincing evidence” of misconduct that warrants disciplinary action against the accused judge

After a full investigation is authorized and conducted, the Board makes one of two choices:

Dismiss the complaint because there is not “clear and convincing evidence” of judicial misconduct; or

File formal charges against the accused judge with the Court of Judicial Discipline following a determination that there is “clear and convincing evidence” of judicial misconduct

Posted in The Judicial Conduct Board.