Common Questions

What may constitute judicial misconduct is derived from the Oklahoma Constitution and State Statute

Article 7A, Section 1 of the Oklahoma Constitution provides that the causes for removal from office include:

• gross neglect of duty
• corruption in office
• habitual drunkenness
• commission while in office of any offense involving moral turpitude
• gross partiality in office
• oppression in office
• incompetence to perform the duties of the office
• mental or physical disability preventing the proper performance of official duty

Title 20, Section 1404 of the Oklahoma Statutes provides additional grounds for removal from office, including:

• Violation by a judicial officer of the Code of Judicial Conduct.
• Acceptance of a fee, or gratuity, other than that specifically provided by law, for performing any act in a judicial officer’s capacity as a judge.
• Continued willful failure of a judicial officer to comply with rules and directives of the Supreme Court, the presiding judge of his/her administrative district, or the chief judge of the judicial district.
• Participation by a judicial officer, while serving as such officer or while a candidate for a judicial office, in any election campaign other than that for his own election to a judicial office.
• A judicial officer becoming a candidate for any nonjudicial office or for another judicial office whose term is to commence before the expiration of his present term of office; provided that no judge holding a nonelective judgement shall become a candidate in a race in which the incumbent seeks to retain an elective judicial office unless he first resign his appointive judgeship.
• A judicial officer, while serving as such officer or while a candidate for a judicial office, making publicly known in his campaign material or speeches, or knowingly permitting others to make publicly known, either directly or by implication, his political party affiliation.

The Council on Judicial Complaints is authorized to investigate judges of all courts created by the state or municipalities of the state. This includes:

• Special judges, associate district judges, and district judges of Oklahoma county courts
  
• Justices and judges of the Oklahoma Supreme Court, Court of Criminal Appeals, and Court of Civil Appeals
• Judges of the Oklahoma Workers' Compensation Court of Existing Claims
  
• Municipal judges of Oklahoma cities and towns
  
• Administrative law judges of Oklahoma state agencies, boards, and commissions
  
• Members of state agencies, boards, and commissions if/when exercising quasi-judicial authority

The Council on Judicial Complaints cannot investigate retired state judges, tribal judges, federal judges, or federal administrative law judges

No.  The Members appointed to the Council on Judicial Complaints, not the staff or its attorneys, are charged with determining whether a certain set of facts may be a violation of the Code of Judicial Conduct or other law. Both Oklahoma State Statute and Administrative Rule preclude the Council's staff from giving legal advice or commenting on the substantive nature of a complaint.  Additionally, the Council Members may not individually discuss the merits or substantive contents of a complaint.

No. The Council cannot assign a new judge for your case, change a judge's decision, or get involved in your case in any way.  Unless there is evidence of fraud, corrupt motive or bad faith on the judge's part, or a judge's decision constitutes such an abuse of discretion as to otherwise violate the Code of Judicial Conduct or other law, a judge's decision is not misconduct. 

If you believe the judge's decision is not in accordance with current law, consider filing an appeal to the Oklahoma Supreme Court or Court of Criminal appeals, depending on the type of case.  If you want to request a new judge, consider the legal procedure of filing a motion to disqualify a judge, also known as a "Rule 15" in Oklahoma District Courts.  Keep in mind, however, that a judge has a duty to sit in your case if it is assigned to him/her unless he/she is otherwise disqualified.