Can anyone overrule a judge?

Asked by: Jess Roob MD  |  Last update: March 15, 2025
Score: 4.5/5 (37 votes)

In some cases, a district court may review and potentially overturn a family court judge's ruling. For matters of exceptional importance or those involving constitutional questions, the supreme court might step in to examine and potentially overrule the original decision.

Who can overrule a judge?

Most federal court decisions, and some state court rulings, can be challenged. The U.S. courts of appeals usually have the last word. The nation's 94 federal judicial districts are organized into 12 regional circuits, each of which has a court of appeals.

Who can hold judges accountable?

The Commission on Judicial Performance, established in 1960, is the independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity and for disciplining judges, pursuant to article VI, section 18 of the California Constitutionopens in a new window.

How to overturn a judge?

Appeals are decided by panels of three judges working together. The appellant presents legal arguments to the panel, in writing, in a document called a "brief." In the brief, the appellant tries to persuade the judges that the trial court made an error, and that its decision should be reversed.

What if the judge is being unfair?

If your complaint is against a federal circuit judge, federal district judge, federal bankruptcy judge, or federal magistrate judge, you must file the complaint at the clerk's office of the United States court of appeals for the regional circuit in which the judge serves.

Who Can Overrule A Family Court Judge? - CountyOffice.org

15 related questions found

Can you sue a judge for a bad decision?

Judges have absolute immunity for actions they take in their judicial capacity. This means that judges are not individually liable for the judicial acts they perform, including the decisions that they make in court. If a judge made a decision that you disagree with, filing an appeal may be the proper course of action.

How to deal with corrupt judges?

File official complaints to your state judicial oversight bodies. Cite specific violations of rules or codes. And then publish those complaints here and on the FCLU's Facebook and Twitter sites. Research and publish reports on corrupt judges.

How do you win over a judge in court?

Know your arguments completely. In planning your presentation, make sure to highlight and make a theme of your case's merits. But also anticipate problems for your side and prepare responses to questions the judges are likely to ask or to issues that opposing counsel is likely to raise in his or her presentation.

Can a judge go back and change his ruling?

The request for reconsideration must clearly show an error of fact or law material to the decision. The Judge may also reconsider a decision on his or her own initiative.

What happens if you beat up a judge?

If you are convicted of assault on a judge your sentence will include prison, payment of fines, fees, and restitution, and post-release supervision. Because it is both a class C felony and also classified as a violent felony the judge will not have the flexibility of sentencing you to probation.

How to prove a judge is biased?

To argue that a trial court judge has manifested bias in the presentation of evidence, appellate counsel must demonstrate that the judge “ 'officiously and unnecessarily usurp[ed] the duties of the prosecutor … and in so doing create[d] the impression that [they were] allying … with the prosecution. ' ” (People v.

What are common ethical violations of a judge?

Common complaints of ethical misconduct include improper demeanour; failure to properly disqualify when the judge has a conflict of interest; engaging in ex parte communication and failure to execute their judicial duties in a timely fashion. Behaviour outside of the courtroom can also be at issue.

Who has control over judges?

The Supreme Court has discretionary review of decisions by the Commission on Judicial Performance to admonish, censure, or remove a judge for misconduct. The Supreme Court also reviews the recommendations of the State Bar of California concerning the disciplining of attorneys for misconduct.

Who is the boss over a judge?

Lower courts typically answer to higher courts and the highest court (usually the supreme court), does not answer to anyone. The AG's office is a separate branch of government and would have power over judges typically.

Can a judge nullify a jury?

Nullification can also occur in civil trials; unlike in criminal trials, if the jury renders a not liable verdict that is clearly at odds with the evidence, the judge can issue a judgment notwithstanding the verdict or order a new trial.

Who can override a judge's decision?

The court of appeals may review the factual findings made by the trial court or agency, but generally may overturn a decision on factual grounds only if the findings were “clearly erroneous.”

What if the judge is wrong?

Evaluate the nature and impact of the error. Determine if it can be easily remedied through a motion to reconsider or by addressing the issue in court. If the error is significant and cannot be resolved later, consider an interlocutory appeal, which allows direct appeal to the appellate court while the case is pending.

Can a judge change his mind after a sentence?

Absolutely. If the court pronounces an illegal sentence — or a sentence which, by law, it had no power to grant — then the court always retains jurisdiction to correct itself and legally sentence the defendant, even if it results in a greater sentence.

What not to tell a judge?

Here are five things all defendants will want to avoid saying to a criminal judge:
  • 'I Did It. ' ...
  • 'They Didn't Tell Me...' ...
  • Expletives. ...
  • Lies, Lies, Lies. ...
  • 'I Will Represent Myself.

How do you beg a judge for leniency?

Provide Reasons for Leniency
  1. Their role in caring for and providing for their family.
  2. Good character traits or values they possess.
  3. Hardships they have endured or overcome.
  4. Community service they have performed.
  5. Progress they have made towards rehabilitation, including completion of therapy or substance abuse classes.

How to make a judge mad?

The “simple things” are all important. You may not know it but the judge does see you at every moment while you are in the courtroom. The things you can do to sabotage your case include rolling your eyes, making loud sighs, shaking your head side to side, or general looks of disgust and anger.

What to do when a judge is unfair?

There are several different options you can pursue if you feel a judge has acted in an unfair way, and each navigates a slightly different path.
  1. Request Recusal. ...
  2. File Appeal to Send Decision to a Higher Court. ...
  3. File a Motion for Reconsideration. ...
  4. File a Grievance on the Basis of Unethical Behavior.

Can a corrupt judge be removed?

Only Congress has the authority to remove an Article III judge. This is done through a vote of impeachment by the House and a trial and conviction by the Senate. As of September 2017, only 15 federal judges have been impeached, and only eight have been convicted.

Can I sue a judge for being biased?

Judges generally have judicial immunity, which protects them from being sued for actions taken in their official capacity.