What if a judge ignores the law?
Asked by: Demetrius Schroeder | Last update: April 27, 2025Score: 4.9/5 (7 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.
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.
Can judges be held accountable for their decisions?
Oversight mechanisms work together to hold judges and Judiciary staff responsible for their conduct as government officials and for the management of public resources.
Can a judge not follow the law?
The integrity and independence of judges depend in turn on their acting without fear or favor. Although judges should be independent, they must comply with the law and should comply with this Code.
Can a judge override a law?
Only four U.S. states have allowed judicial overrides: Alabama, Delaware, Florida, and Indiana. Indiana abolished it in 2002, Florida in 2016, and Alabama in 2017. In 2016, the Delaware Supreme Court declared the state's death penalty law unconstitutional due to the override.
What to do when the family court judge ignores you
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.
Can a judge overrule a prosecutor?
Once the prosecutor accepts the deal, the judge's acceptance of the deal is essentially a rubber stamp. The sentence in the State of California case is determined in conjunction with the prosecutor.
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.
What if a judge is unfair?
If a ruling has already been made in your case, and you and your legal representation feel the judge's biases have impacted the decision, you can file an appeal to have the case elevated to a higher court.
Can a judge violate due process?
v. LaVoie, 475 U.S. 813, 825 (1986); Withrow v. Larkin, 421 U.S. 35 (1975)). Bias or prejudice of an appellate judge can also deprive a litigant of due process.
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.
What is an example of an error of law?
Examples of an error of law include: The court mistakenly assumes jurisdiction over a case that another court should have had exclusive jurisdiction over. Application of the wrong law to a case. Improper interpretation of the correct law.
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.
Who is the most powerful person in law enforcement?
The prosecutor has more control over life, liberty, and reputation than any other person in America. His discretion is tremendous. He can have citizens investigated and, if he is that kind of person, he can have this done to the tune of public statements and veiled or unveiled intimations.
Can a judge fire a cop?
Only a police chief or the mayor can fire a police officer. The only people a judge can fire are his clerks.
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.
Do judges have more power than lawyers?
A: In criminal cases, lawyers may have more power than private judges because they often represent defendants facing serious criminal charges. Lawyers can argue for their client's innocence, negotiate plea deals, and present evidence to sway judges and juries.
What is it called when you plead guilty but not guilty?
Alford plea. The name, Alford plea, is taken from the case North Carolina v. Alford . An Alford plea, also known as a "best-interests plea," registers a formal admission of guilt towards charges in criminal court while the defendant simultaneously expresses their innocence toward those same charges .
Who are the 3 key players in the courtroom?
In a civil matter the plaintiff is the one who files suit against the defendant. In a criminal matter it is the prosecution that files suit in the name of the State or the People. In a civil matter the defendant is the one being sued. In a criminal matter the defendant is the one charged with a crime.
What happens if a judge ignores the law?
If what he did is serious enough, he could be unseated, even potentially disbarred. Beyond that, as far as the decision itself is concerned, you would appeal it on the basis of judicial error, along with any other grounds your appellate lawyer finds.
What is the lazy judge rule?
Trial Rule 53.2 are officially titled "Failure to rule on motion" and "Time for holding issue under advisement; delay of entering a judgment but are commonly known as the 'lazy judge' rules." Under those rules, the trial court has 90 days in which to render its decision; and that time can only be extended by order of ...
How do you sue a judge?
Because you cannot sue judges except in limited situations, you need to meet with a lawyer to see if your case fits into one of the narrow exceptions to judicial immunity. During a consultation, you can explain the facts of your case, and the lawyer can advise you whether you have a legal case against the judge.