How to a Complain Against a Magistrate
A magistrate is more commonly referred to as a judge or prosecutor in the United States. Filing a complaint against a magistrate doesn’t replace filing for an appeal to a judge’s decision. Any appeal made against a magistrate will be reviewed by a commission, and the judge will receive a copy. The court administration will notify you if a complaint is dismissed, but it won’t give a reason why. You will be told if the magistrate received a private caution and only of that fact. If disciplinary charges result, then the information will be made public.
Write a letter to the commission that facilitates the court that your trial was in. Include in the correspondence your name, address, telephone number, name of the judge, case number and the names and addresses of your lawyers. Print off and fill out the complaint form, which can be accessed at your state’s court administration.
Explain the magistrate’s unethical conduct. If the judge broke a rule, you don’t need to research the rule. Write the date this misconduct occurred and the date that you will mail the complaint.
Sign your complaint. It is presumed you are signing under oath that the statements are true and to the best of your knowledge.
Wait for notification from the commission. It may need additional information. Some commissions meet rarely, such as in Indiana when they meet once every two months.