What happens if a judge ignores the law?

Asked by: Eric Lueilwitz V  |  Last update: October 13, 2025
Score: 5/5 (63 votes)

File a complaint with the state commission on judicial performance. Most states have commissions that oversee complaints about judicial misconduct, which could include deliberately ignoring controlling law. The commission can investigate and potentially discipline judges.

Who holds a judge accountable?

Commission on Judicial Performance is an independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity and for disciplining state judges (see article VI, section 18 of the California Constitution).

Can you sue a judge for violating your constitutional rights?

The Supreme Court found that the judge's action was an administrative function and not a judicial act, and therefore not protected by absolute immunity. The moral of this case is that if a judge acts outside the scope of their judicial function, you can sue.

What happens if a judge does not follow the law?

File a complaint with the state commission on judicial performance. Most states have commissions that oversee complaints about judicial misconduct, which could include deliberately ignoring controlling law. The commission can investigate and potentially discipline judges.

What to do when a judge violates your civil rights?

Consider Alternative Remedies: In some cases, it may be more effective to pursue other remedies, such as filing a complaint with the California Commission on Judicial Performance or appealing the judge's decision to a higher court.

LIVE NOW: RFK Jr. confirmation hearing

15 related questions found

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.

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.

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 is the most powerful person in the courtroom?

Prosecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.

Do judges have more power than cops?

A judge can impose a sentence on a police officer but not vice-versa. As a practical matter, a judge generally holds more influence in the criminal justice system and probably in the view of society than a cop so if they go head to head the judge will likely prevail.

Do lawyers get paid more than judges?

Compared to other law-related occupations, lawyers earn the highest median income. Median lawyer pay is higher than judges and hearing officers ($128,610), arbitrators, mediators, and conciliators ($64,030), court reporters and simultaneous captioners ($63,560), and paralegals and legal assistants ($59,200).

What if a judge ignores evidence?

If a judge ignores evidence, the party that presented the evidence may file a motion for reconsideration.

Are appeals hard to win?

Either side can appeal in a civil case, while only the defendant may appeal in a criminal case. The government can only appeal the sentence, not the guilty verdict. The odds of decision reversals are particularly low—about one in four in civil cases.

How to prove abuse of discretion?

For an appeal court to rule that a lower court abused its discretion, and subsequently denied you a fair trial, you must show that the judge's decision was so obviously against the evidence and reason that it violated your right to a fair trial.

Who has more authority than a judge?

Supreme Court Justices

The Supreme Court has appellate jurisdiction over other matters as conferred upon the Supreme Court by various statutes, under the authority given Congress by the Constitution. Learn more about Supreme Court justices.

Who do judges answer to?

But, the Federal Judges still have bosses, and they are those senior to them in the District. Even the Supreme Court has the Chief Justice, but they also answer to Congress. It is all Checks and Balances. set up by the People through the Constitution of this governance.

What do you call a corrupt judge?

synonyms. 59 other terms for corrupt judge. evil judge. n. crooked judge.

Can you sue a judge for violating your civil rights?

Generally, NO. There is a doctrine called judicial immunity that prevents most lawsuits against judges when they are acting in their judicial capacity. Judges have absolute immunity for actions they take in their judicial capacity.

How to prove a judge is biased?

To prove judicial bias, you need strong evidence that demonstrates the judges partiality. This evidence should be factual, documented, and relevant to the case.

Can judges be held personally liable?

Although judges are generally immune from suits for damages, the Court has held that a judge may be enjoined from enforcing a court rule, such as a restriction on lawyer advertising that violates the First Amendment.

Is violating civil rights a felony?

18 U.S.C. § 250

Section 250 is a penalty statute that applies to all civil rights offenses, but is mostly used in conjunction with violations of 18 U.S.C. § 242, when government actors use their authority to commit sexual assault. Section 250 makes every form of sexual assault under color of law a felony.

How can a judge violate due process?

Governmental actors violate due process when they frustrate the fairness of proceedings, such as when a prosecutor fails to disclose evidence to a criminal defendant that suggests they may be innocent of the crime, or when a judge is biased against a criminal defendant or a party in a civil action.

What to do with an unfair judge?

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.