• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Judicial Misconduct?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jurisrschr

Junior Member
What is the name of your state? California

Here is the scenario: A case is overturned on appeal because of a judge promising to instruct on appropriate law during a charge conference preceding closing arguments but then during the actual instructions to the jury the judge essentially redefines the law on his own initiative. This post closing argument change in the law by the judge caused the defense counsel to essentially convict his own client during his closing argument (which was predicated upon the judge instructing on the appropriate law as was promised at the charge conference -) Defense counsel objected throughout and the trial court judge refused to instruct on the governing law as was promised during the charge conference before closing arguments. The major error then results in a term of incarceration to the defendant until the reversal of the conviction on appeal. The Appeals Court blasts the trial judge for his actions. Does the defendant have any recourse against the trial judge of the state? If so, what?
 
Last edited:


racer72

Senior Member
Google "judicial immunity". The only option is to file a report with the state bar association, they can take measures if warranted. This would require the services of an attorney.
 

garrula lingua

Senior Member
In CA, the disciplinary group for Judges' behavior is the Judicial Council:

Judicial Council of California
455 Golden Gate Avenue
San Francisco, California 94102-3688
Phone: (800)900-5980 Fax: 415-865-4334
http://www.courtinfo.ca.gov/jc/
Rank: No ranking.

Summary: Ronald M. George Chief Justice of California and Chair of the Judicial council

William C. Vickrey - Administrative Director of the Courtd and Secretary of the Judicial Council

The California Judicial Council is the policy making body of the California Courts, the largest court system in the United States. The Judicial Council under the leadership of the Chief Justice is responsble for ensuring the consistent, independant, impartial, and accessible administration of justice. The Administration Office of the Courts carries out the official actions of the council and ensures leadership and excellence in the court administration.
Other Information: Judicial Council of California and California Supreme Court
Lynn Holton - Public Information Officer
Judicial Council of California
455 Golden Gate Avenue
San Francisco, CA 94102-3660
415-865-7740
Publications hotline: 415-865-7738
Fax: 415-865-4334
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top