# COMPLAINT TO NY STATE COMMISSION ON JUDICIAL CONDUCT

**[NY] Formal Complaint Pursuant to 22 NYCRR Part 100 (Code of Judicial Conduct)**

---

**WARNING:** This is a formal complaint against a judge that creates a permanent record. Filing during an active case may affect how the judge treats you. Use only after exhausting procedural remedies (appeals, Article 78, procedural enclosures). This should address serious misconduct, not mere disagreement with a decision. Filing a false or frivolous complaint may subject you to sanctions. Consider filing after your case concludes, or consult an attorney first.

---

## ⚠️ BEFORE USING THIS TEMPLATE

### When to Use Judicial Conduct Complaint

**USE this template when:**
- Judge engaged in **actual misconduct** (not just a wrong decision)
- Pattern of behavior showing bias, dishonesty, or ethical violations
- Judicial conduct violates specific provisions of Code of Judicial Conduct
- You have exhausted all other remedies (appeals, motions, Article 78)
- Case has concluded OR consultation with attorney confirms appropriateness

**DO NOT use this if:**
- You disagree with judge's ruling (that's what appeals are for)
- Judge made legal error (use appeal or Article 78)
- You're upset about losing your case
- Judge exercised discretion you don't like
- You haven't tried procedural remedies first

**Appropriate example:** Judge has pattern of failing to provide written orders for final judgments despite repeated demands; has refused to issue orders for 6+ months; appeals exhausted.

**Inappropriate example:** Judge denied your motion and you think the decision was wrong.

### Exhaust These Remedies First

**You MUST try these steps before filing complaint:**

1. **Procedural enclosures** requesting compliance
2. **Motions** to address procedural issues (motion for findings, motion to vacate)
3. **Notice of Appeal** (if applicable)
4. **Article 78** (if ministerial duty issue)
5. **Consultation with attorney** about whether conduct is truly misconduct vs. appealable error

**Critical timing issue:** Filing during active case creates risk of retaliation or appearance of impropriety.

### Resource Requirements & Risks

⚠️ **Important Considerations:**

- **Timeline:** Investigation may take 6-24 months or longer
- **Confidentiality:** Complaint is confidential until formal charges filed (if ever)
- **Judge will be notified:** Judge gets copy and can respond
- **Success rate:** Very low - most complaints dismissed
- **Risk:** Filing during active case may affect how judge treats you
- **No direct relief:** Commission cannot change your case outcome
- **Standard:** Must show actual misconduct, not mere error

**What this achieves:**
- Creates accountability record for serious judicial misconduct
- May result in discipline (admonition, censure, removal in extreme cases)
- Does NOT fix your case - use appeals for that

**Alternatives:**
- Appeal (fixes legal errors in your case)
- Article 78 (compels ministerial duties)
- Motion for recusal (removes biased judge from your case)
- Complaint to chief administrative judge (local court issues)

**Best practice:** File AFTER case concludes and AFTER consultation with attorney.

---

**TO:** New York State Commission on Judicial Conduct<br>
Corning Tower, Suite 2301<br>
Empire State Plaza<br>
Albany, New York 12223<br>
Phone: (518) 453-4600<br>
Email: [Check current contact via nycourts.gov]

**FROM:** {{Your Name}}<br>
{{Address}}<br>
{{Email}}<br>
{{Phone}}

**DATE:** {{Date}}

**RE:** Formal Complaint Against {{Judge Name}}, {{Title}}, {{Court}}

---

## I. COMPLAINANT INFORMATION

**Name:** {{Your Name}}
**Role in Case:** {{Plaintiff / Defendant / Attorney / Other}}
**Case Information:** {{Caption}}, Index No. {{Number}}, {{Court}}
**Relationship to Judge:** {{Party / Attorney / Member of Public}}

---

## II. JUDGE INFORMATION

**Name:** {{Hon. [First] [Last]}}
**Title:** {{Justice of Supreme Court / Judge of Family Court / etc.}}
**Court:** {{Supreme Court / Family Court}}, {{County}} County
**Courthouse:** {{Address}}

---

## III. BASIS FOR COMPLAINT

This complaint is filed pursuant to Judiciary Law Section 44 and alleges violations of the Rules of Judicial Conduct, 22 NYCRR Part 100.

---

## IV. FACTUAL ALLEGATIONS

### A. Background

1. {{Brief description of underlying case and your involvement}}

2. The conduct at issue occurred between {{date range}}.

### B. Specific Instances of Misconduct

**[For each instance, provide: Date, What happened, Rule violated, Why it's misconduct]**

#### Instance 1: {{Description - e.g., "Failure to Issue Written Orders"}}

**Date:** {{Date}}

**Facts:** {{Detailed description of what judge did or failed to do. Be specific, factual, and chronological. Include exact quotes if available.}}

**Rule Violated:** 22 NYCRR Section 100.3(B)(6) - "A judge shall accord to every person who has a legal interest in a proceeding... the right to be heard according to law."

**Why This is Misconduct:** {{Explanation of how this violates the rule and affected the proceeding}}

#### Instance 2: {{Description}}

**Date:** {{Date}}

**Facts:** {{Description}}

**Rule Violated:** {{Specific provision}}

**Why This is Misconduct:** {{Explanation}}

[Continue for each instance]

---

## V. PATTERN OF CONDUCT

{{If applicable, describe pattern showing this is not isolated incident:
"The above instances constitute a pattern of conduct spanning [timeframe]. This is not a single error but a systematic refusal to follow procedural law, as evidenced by..."}}

---

## VI. RULES OF JUDICIAL CONDUCT VIOLATED

The complained-of conduct violates the following provisions of 22 NYCRR Part 100:

**Section 100.1 - General Provisions**
{{If applicable}}

**Section 100.2 - Maintaining Integrity and Impartiality**
- Section 100.2(A): "A judge shall... act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary."
  - Violated by: {{How}}

**Section 100.3 - Adjudicative Responsibilities**
- Section 100.3(B)(6): Right to be heard
  - Violated by: {{How}}
- Section 100.3(B)(8): Consideration of relevant information
  - Violated by: {{How}}

**Section 100.4 - Extrajudicial Activities**
{{If applicable - ex parte communications, improper contacts}}

---

## VII. IMPACT ON PROCEEDINGS

The complained-of conduct has caused the following harm:

1. {{Impact 1 - e.g., "Prevents meaningful appellate review by failing to provide written findings"}}
2. {{Impact 2 - e.g., "Violates due process rights to notice and hearing"}}
3. {{Impact 3 - e.g., "Creates appearance of bias and undermines public confidence in judiciary"}}

---

## VIII. EFFORTS TO REMEDY

Prior to this complaint, I made the following good-faith efforts to obtain compliance:

| Date | Action | Result |
|------|--------|--------|
| {{Date}} | Procedural enclosure | No response |
| {{Date}} | Motion to {{action}} | Denied |
| {{Date}} | {{Other effort}} | {{Result}} |

These efforts have been unsuccessful, necessitating this formal complaint.

---

## IX. SUPPORTING DOCUMENTATION

Attached as exhibits:

**Exhibit A:** {{Court orders showing complained-of conduct}}
**Exhibit B:** {{Procedural enclosures / demands for compliance}}
**Exhibit C:** {{Transcripts (if available)}}
**Exhibit D:** {{Docket sheets}}
**Exhibit E:** {{Correspondence}}
**Exhibit F:** {{Other relevant documents}}

---

## X. RELIEF REQUESTED

I respectfully request that the Commission:

1. Investigate the complained-of conduct;
2. Take appropriate disciplinary action consistent with the severity of the violations;
3. {{If ongoing case: "Order interim relief to ensure compliance with judicial conduct rules pending investigation"}}
4. Provide written notification of the Commission's determination.

---

## XI. CONFIDENTIALITY AND CONSENT

I understand that:
- Complaints are confidential until formal charges are filed (Judiciary Law Section 44(5))
- The Commission may disclose complaint to judge as part of investigation
- False complaints may subject complainant to sanctions

I consent to the Commission's investigation of this matter and disclosure of my complaint to the judge.

---

## XII. VERIFICATION

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information, and belief.

_________________________
{{Your Signature}}
{{Your Name}}

Dated: {{Date}}

---

## AUTHORITIES

**Judiciary Law:**
- Section 44 (Commission on Judicial Conduct - powers and duties)
- Section 44(5) (confidentiality of complaints)

**Rules of Judicial Conduct:**
- 22 NYCRR Part 100 (entire)
- Section 100.2(A) (integrity and impartiality)
- Section 100.3(B) (adjudicative responsibilities)

**Commission Rules:**
- 22 NYCRR Part 7000 (Rules of Commission on Judicial Conduct)

---

## STRATEGIC CONSIDERATIONS

**Timing:**
- File during case: High risk of retaliation; judge may learn of complaint
- File after final judgment: Safer; less impact on outcome
- File after appeal: Safest; case resolved

**Consequences:**
- Creates formal accountability record
- May result in discipline (admonition, censure, removal)
- May affect ongoing proceedings (positively or negatively)
- Relationship with judge irreparably damaged

**Alternatives:**
- Appeal procedural errors (CPLR Article 55)
- Article 78 mandamus (CPLR Article 78)
- Federal court (42 U.S.C. Section 1983)
- Motion for recusal (CPLR Section 4110-4115)

**Use this mechanism only when:**
- Pattern of misconduct (not isolated error)
- Other remedies exhausted or unavailable
- Serious violations of judicial conduct
- Public interest in accountability outweighs personal risk

---

**Submission:**
Mail or deliver to Commission address above.
Retain copies of all materials submitted.
Commission has broad discretion in investigation and disposition.