Judges take an oath to uphold the Law. Most do, but some do not. The Code of Judicial Conduct are the standards for the ethical and professional conduct of judges.

So what do you do when the Judge rules against you? Sometimes it’s a judgment call and not a violation of the law. In these circumstances you can file a Motion for New Trial and/or an Appeal with the Mississippi Supreme Court.

But what about when the judge clearly violates the law? Can you sue the Judge? Usually, no. Judges have what is known as Judicial Immunity that protects them from civil liability for violating the law. If the actions are criminal there could be penalties, but typically not for civil violations.

However, if a Judge violates the Judicial Canons and violates your rights you do have options. What else can be done?  You can Contact Mississippi Judicial Performance and file a COMPLAINT.

Judicial performance is an entity created by the Mississippi Constitution that seeks;

To enforce the standards of judicial conduct,
To inquire into judicial liability and conduct,
To protect the public from judicial misconduct and disabled judges, and
To protect the judiciary from unfounded allegations.

All proceedings before the Commission are of a civil nature, not criminal, as the​ purpose of the Commission is to be rehabilitative and educational as well as disciplinary.

Judicial Complaint Form

Any citizen, litigant, attorney, law enforcement official, judge, public official, or other individual who has knowledge of possible judicial misconduct may file a complaint with the Commission. Complaints may also be filed anonymously. Additionally, the Commission may file a complaint on its own motion based upon matters it learns of in other ways, such as from mass media and information obtained during the course of an investigation.

All complaints must be submitted to the Commission in writing. The Commission does not accept oral complaints. You may use a complaint form or write a letter to the Commission. A complaint form filed with the Commission should be typewritten or printed so that it is easily readable.

Complaints should include all information available regarding your case, the case number, Court it is in, the parties names, and any witnesses to the violation(s).

The complaint should include the specific conduct complained of and the violation alleged.

Matthew Thompson is an attorney in Mississippi and knows most Judges try to do it right…but for those that willfully do not do it right, Judicial Performance can address your concerns.